Peerless Network, Inc. et al v. AT&T Corp.
| Peerless Network, Inc., Peerless Network of Arkansas, LLC, Peerless Network of Arizona, LLC, Peerless Network of California, LLC, Peerless Network of Colorado, LLC, Peerless Network of Connecticut, LLC, Peerless Network of Delaware, LLC, Peerless Network of the District of Columba, LLC, Peerless Network of Florida, LLC, Peerless Network of Georgia, LLC, Peerless Network of Illinois, LLC, Peerless Network of Indiana, LLC, Peerless Network of Kansas, LLC, Peerless Network of Kentucky, LLC, Peerless Network of Louisana, LLC, Peerless Network of Maine, LLC, Peerless Network of Massachusetts, LLC, Peerless Network of Michigan, LLC, Peerless Network of Minnesota, LLC, Peerless Network of Nevada, LLC, Peerless Network of New Hampshire, LLC, Peerless Network of New Jersey, LLC, Peerless Network of New York, LLC, Peerless Network of North Carolina, LLC, Peerless Network of Ohio, LLC, Peerless Network of Oklahoma, LLC, Peerless Network of Oregon, LLC, Peerless Network of Pennsylvania, LLC, Peerless Network of Rhode Island, LLC, Peerless Network of South Carolina, LLC, Peerless Network of Tennessee, LLC, Peerless Network of Utah, LLC, Peerless Network of Vermont, LLC, Peerless Network of Virginia, LLC, Peerless Network of Washington, LLC and Peerless Network of Wisconsin, LLC |
| AT&T Corp. |
| 1:2015cv00870 |
| February 5, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Victor Marrero |
| Other Contract |
| 47 U.S.C. ยง 201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
263
ORDER granting 243 Motion for Attorney Fees; terminating 260 Letter Motion to Reopen re: 243 MOTION for Attorney Fees pursuant to Federal Rule of Civil Procedure 54(d)(2), Local Civil Rule 54.1 and Paragraph F.5 of the parties Settl ement Agreement dated July 31, 2018., 260 LETTER MOTION to Reopen re: 243 MOTION for Attorney Fees pursuant to Federal Rule of Civil Procedure 54(d)(2), Local Civil Rule 54.1 and Paragraph F.5 of the parties Settlement Agreement dated July 31, 2018. addressed to Mag. For the reasons discussed, AT&T is entitled to an award of attorneys' fees in the amount of $1,218,044; an award of costs in the amount of $18,973.76; and an award of expert fees in the amount of $426,305.90. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 243 and 260. (Signed by Magistrate Judge Valerie Figueredo on 1/2/2024) (rro)
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Filing
259
ORDER: In connection with AT&T's motion for attorneys' fees (see ECF No. 243), AT&T is directed to provide the Court with unredacted copies of the attorney billing records annexed to the Reply Affirmation of Brian McAleenan at ECF No. 258-1. AT&T may submit those records to the Court for in camera review and should do so by Tuesday, November 21, 2023. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 11/15/2023) (ama)
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Filing
246
ORDER granting 242 Letter Motion to Seal. For the reasons stated at Dkt. No. 212, the proposed redactions to the Decision & Order dated April 11, 2023 (Dkt. No. 240) are approved. The parties are directed to file the redacted version of the Decision & Order by Friday, April 26, 2023. SO ORDERED.. (Signed by Judge Victor Marrero on 4/26/2023) (jca)
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Filing
238
ORDER granting 227 Letter Motion to Seal. Plaintiffs' motion to seal the Objections to Magistrate Judge Figueredo's January 31, 2023 Report and Recommendation (Dkt. No. 227) is GRANTED. The Court respectfully directs the Clerk of the Court to maintain the Selected Parties viewing level for Docket Nos. 229 and 236, accessible only to the Plaintiffs, Defendant, and Court in this action. The parties are directed, to the extent applicable, to file public, redacted versions of the briefs filed at Docket Nos. 229 and 236. SO ORDERED. (Signed by Judge Victor Marrero on 4/3/2023) (jca)
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Filing
233
ORDER granting 232 Letter Motion to Seal. Application Granted. For the same reasons stated at ECF No. 212, the parties' proposed redactions to the Court's January 31, 2023 orders (ECF Nos. 224-25) are approved. The parties are directed to file the redacted versions of the orders on the docket by Friday, February 17, 2023. The Clerk of Court is directed to terminate the motion at ECF No. 232. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 2/16/2023) (rro)
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Filing
230
ORDER granting 228 Letter Motion to Seal. Application Granted. For the same reasons stated at ECF No. 212, the parties proposed redactions to the January 13, 2023 hearing transcript are approved. The parties are directed to file the redacted version of the transcript on the docket by Friday, February 17, 2023. The Clerk of Court is directed to terminate the motion at ECF No. 228. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 2/15/2023) (rro)
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Filing
226
ORDER: The parties are directed to submit proposed redactions to ECF Nos. 224 and 225 by no later than Wednesday, February 15, 2023. (Signed by Magistrate Judge Valerie Figueredo on 2/1/2023) (rro)
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Filing
219
ORDER granting 218 Letter Motion to Seal. Application Granted. For the reasons stated at ECF No. 212, the proposed redactions to the 12/02/22 Hearing Transcript are approved. Parties are directed to file the redacted transcript on the docket. The Clerk of Court is respectfully directed to close the motion at ECF No. 218. (Signed by Magistrate Judge Valerie Figueredo on 1/5/2023) (tg)
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Filing
212
ORDER granting 151 Letter Motion to Seal; granting 167 Letter Motion to Seal; granting 192 Letter Motion to Seal; granting 196 Letter Motion to Seal.The parties presently have four outstanding motions to seal (ECF Nos. 151, 167, 192, and 196 ) on the docket in this action. Three of the requests are made by Plaintiffs to redact documents (ECF Nos. 151, 192, and 196). The parties also jointly requested redactions to the Court's May 18, 2022 Order (ECF No. 163). Having reviewed the mot ions to seal, Plaintiffs' motions to seal the requested documents and the parties' joint request to redact the Court's May 18, 2022 Order are GRANTED.In the three motions to seal from Plaintiffs, they request to redact: (1) "speci fic terms" of the parties' settlement agreement, including the value of services; and (2) "various confidential aspects of [the parties'] respective businesses," including sensitive technical data, sensitive pricing terms, ne twork capabilities and functions, and Defendant's confidential information of its pricing with other third-party competitors. ECF No. 151 at 1; ECF No. 192 at 1; ECF No. 196 at 1. Similarly, in the parties' joint request to redact the Court 's May 18, 2022 order, the parties' request to redact confidential terms of the settlement agreement, including two specific dollar amounts, which were originally filed on the docket under seal. ECF No. 167 at 1. Courts in this District ro utinely permit parties to seal or redact commercially sensitive information in order to protect confidential business interests and financial information. See, e.g., Rubik's Brand Ltd. v. Flambeau, Inc., No. 17-CV-6559 (PGG) (KHP), 2021 WL 10853 38, at *1 (S.D.N.Y. Mar. 22, 2021); Gracyzk v. Verizon Commc'ns, Inc., No. 18-CV-6465 (PGG), 2020 WL 1435031, at *8-9 (S.D.N.Y. Mar. 24, 2020) (citing cases).The parties seek to redact commercially sensitive business information, and their inter est in maintaining that information confidential outweighs the public's interest in the sealed material. As such, based on the standard set forth by the Second Circuit in Lugosch v. Pyramid Co., 435 F.3d 110 (2d Cir. 2006), the motions to seal are GRANTED. The Clerk of Court is directed to terminate the motions at ECF Nos. 151, 167, 192, and 196. (Signed by Magistrate Judge Valerie Figueredo on 12/2/2022) (rro)
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Filing
210
ORDER granting 209 Letter Motion to Adjourn Conference. Oral argument is hereby rescheduled for Friday, December 2, 2022 at 10:00 a.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. Counsel and parties are re quired to follow the Court's COVID-safety protocols and should review the Courts website in advance of the conferences for the most up to date information. Oral Argument set for 12/2/2022 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Valerie Figueredo. (Signed by Magistrate Judge Valerie Figueredo on 11/7/2022) (rro)
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Filing
195
ORDER REDACTED VERSION: For the foregoing reasons, the Defendant's letter motion to strike the Chart and Methodology in the Webber Declaration is DENIED. The parties are directed to provide the Court with a proposed schedule for the filing of Defendant's opposition to Plaintiffs' motion to enforce the settlement agreement. That schedule should account for the additional time Defendant requires to re-engage its experts and prepare its response. Lastly, Plaintiffs are ordered to pay the reasonable attorneys' fees and costs incurred by Defendant in preparing the instant letter motion. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 6/10/2022) (mml)
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Filing
166
ORDER: Defendant is directed to submit its application for an award of reasonable attorney's fees and costs (see ECF No. 163) by Tuesday, July 5, 2022, supported by properly authenticated documents evidencing the fees and cost sought, includ ing its attorneys' contemporaneous timesheets and fee agreement, evidence sufficient to determine the reasonableness of counsel's rates, and invoices or similar documentation reflecting any out-of-pocket costs. ( Motions due by 7/5/2022.) (Signed by Magistrate Judge Valerie Figueredo on 6/3/2022) (rro)
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Filing
159
ORDER: In advance of the telephone conference set for April 29, 2022, at 11:00 am, the parties are ordered to produce the following documents to the Court: ATT009281, ATT009286, ATT009304, ATT009278, ATT009287, ATT009305, ATT009297, ATT009294, AT T009306, ATT009302, and ATT009308. The parties are directed to provide the requested documents by April 28, 2022, at 5:00 pm, and the documents should be emailed to FigueredoNYSDChambers@nysd.uscourts.gov. (Signed by Magistrate Judge Valerie Figueredo on 4/26/2022) (rro)
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Filing
102
ORDER: By letter dated June 1, 2020, plaintiffs in the above captioned action request a pre-motion conference and leave to file a motion to enforce the parties' July 27, 2018 settlement agreement. (See Dkt. Nos. 100, 101). Defendant AT&T Corp. is hereby ordered to respond to plaintiffs' letter by letter not to exceed three pages within three days of the entry of this Order. SO ORDERED. (Signed by Judge Victor Marrero on 6/02/2020) (ama)
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