Qwest Communications Company LLC v. Tekstar Communications, Inc. et al
| Qwest Communications Company LLC |
| Tekstar Communications, Inc., Free Conferencing Corp. and Audiocom, LLC |
| 0:2010cv00490 |
| February 19, 2010 |
| US District Court for the District of Minnesota |
| Otter Tail |
| Kyle |
| Nelson |
| Other Statutory Actions |
| 47 U.S.C. ยง 203 Communications Act of 1934 |
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Filing
341
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Motion for Summary Judgment by Defendants Audiocom, LLC, Basement Ventures, LLC and Vast Communications, LLC 276 is DENIED. 2. Motion for Summary Judgment by Defendant Free Conferencing Corporation 299 is DENIED. 3. Qwest Communications Company, LLC's Motion to Cite Supplemental Authority Opposing Defendants' Motions for Summary Judgment 336 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 3/5/15. (GRR)
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Filing
261
ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Amended Report and Recommendation of United States Magistrate Judge Steven E. Rau dated November 20, 2013 250 . 2. Defendant Free Conferencing Corporation's Motion to Dismiss Fir st Amended Complaint 139 is GRANTED in part and DENIED in part as follows: a. To the extent the Motion seeks dismissal of Count I: Tortious Interference with Contracts (Intrastate and Interstate Access Tariffs), it is DENIED; b. The Motion is G RANTED in all other respects, and the following claims are dismissed: Count II: Common Law Unfair Competition; Count IV: Fraudulent Concealment; Count V: Tortious Interference with Qwest's LCR Contracts; and Count VI: Unjust Enrichment. 3. De fendant Audiocom LLC's Motion to Dismiss Amended Complaint 144 is GRANTED in part and DENIED in part as follows: a. To the extent the Motion seeks dismissal based on lack of subject-matter jurisdiction, it is DENIED; b. To the extent the Motion seeks dismissal of Count I: Tortious Interference with Contracts (Intrastate and Interstate Access Tariffs), it is DENIED; c. The Motion is GRANTED in all other respects, and the following claims are dismissed: Count II: Common Law Unfair Co mpetition; Count III: Second Unfair Competition Claim; Count IV: Fraudulent Concealment; Count V: Tortious Interference with Qwest's LCR Contracts; and Count VI: Unjust Enrichment. 4. Defendants Vast Communications and Basement Ventures LLC� 39;s Motion to Dismiss 166 is GRANTED in part and DENIED in part as follows: a. To the extent the Motion seeks dismissal of Count I: Tortious Interference with Contracts (Intrastate and Interstate Access Tariffs), it is DENIED; b. The Motion is GRANTED in all other respects, and the following claims are dismissed: Count II: Common Law Unfair Competition; Count IV: Fraudulent Concealment; Count V: Tortious Interference with Qwest's LCR Contracts; and Count VI: Unjust Enrichment. 5. D efendant Ripple Communications, Inc.'s Motion to Dismiss Pursuant to Rule 12(b)(6) and 12(b)(1) 176 is GRANTED in part and DENIED in part as follows: a. To the extent the Motion seeks dismissal based on lack of subject-matter jurisdiction, i t is DENIED; b. To the extent the Motion seeks dismissal of Count I: Tortious Interference with Contracts (Intrastate and Interstate Access Tariffs), it is DENIED; c. The Motion is GRANTED in all other respects, and the following claims are dism issed: Count II: Common Law Unfair Competition; Count III: Second Unfair Competition Claim; Count IV: Fraudulent Concealment; Count V: Tortious Interference with Qwests LCR Contracts; and Count VI: Unjust Enrichment. (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/3/14. (GRR)
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Filing
99
ORDER. IT IS HEREBY ORDERED: The Joint Motion to Voluntarily Dismiss Tekstar Communications, Inc. 94 is GRANTED pursuant to Fed. R. Civ. P. 41(a)(2) and (c). Tekstar Communications, Inc. is DISMISSED as a party to this action. There are n o terms or conditions attached to the dismissal of the action against Tekstar Communications, Inc., and the dismissal is with prejudice, with each party to bear its own costs, including attorneys' fees.(Written Opinion). Signed by Chief Judge Michael J. Davis on 1/15/13. (GRR)
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Filing
80
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant Tekstar Communication, Inc.'s Motion to Stay Proceedings and Refer the Core Issues to the Federal Communications Commission 47 is GRANTED. 2. This action is STAYED pending (i) reso lution of the dispute by agreement of the parties; (ii) a final order in the pending MPUC proceeding and a decision on the disputed issues by the FCC pursuant to the referral described below; or (iii) further order of the Court. 3. This matter is re ferred to the FCC for resolution, to the extent the FCC's jurisdiction permits, of the following issues: a. Whether, under the facts of the present dispute between Qwest and Tekstar, Tekstar is entitled to collect interstate switched access char ges it has billed or continues to bill Qwest under Tekstar's Access Tariff for calls Qwest's subscribers place to Tekstar's CCC customers (i.e., whether Tekstar's service with respect to CCCs qualifies as "switched access ser vice" within the meaning of Tekstar's Access Tariff); b. In the event the services provided by Tekstar to Qwest do not qualify as switched access service under Tekstar's Access Tariff, a determination of the proper classification of th ese services and whether such services are subject to federal tariffing requirements; c. In the event the services provided by Tekstar to Qwest are not subject to tariffing requirements, whether Tekstar must comply with the tariffing requirements, wh ether Tekstar is entitled to compensation under federal telecommunications law and, if so, at what level. 4. Qwest shall contact the Market Disputes Resolution Division of the FCC to obtain guidance regarding the appropriate method for bringing this matter before the FCC. Qwest shall initiate proceedings as recommended by the Market Disputes Resolution Division within 30 days of the date of this Order. Qwest is directed to furnish the FCC with a copy of this Order as part of its submission. 5. The parties shall submit a joint report to the Court every three months describing the status of the proceedings before the FCC, the first of which shall be filed no later than three months from the date of this Order. 6. Motion of Defendant Audioc om, LLC to Dismiss Complaint Pursuant to Rule 12(b)(6) Fed. R. Civ. P. 24 is DENIED WITHOUT PREJUDICE. Audiocom may renew its motion when the stay of litigation is ended. 7. Free Conferencing Corporation's Motion to Dismiss Qwest's Compl aint 28 is DENIED WITHOUT PREJUDICE. Free Conferencing may renew its motion when the stay of litigation is ended. 8. Qwest's Motion to Dismiss Tekstar's Counterclaims 33 II and III 57 is DENIED WITHOUT PREJUDICE. Qwest may renew its motion when the stay of litigation is ended. (Written Opinion). Signed by Chief Judge Michael J. Davis on 7/12/2010. (GRR)
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