CenturyLink Communications, LLC v. Catellus Fiber Optics, LLC
Petitioner: CenturyLink Communications, LLC
Respondent: Catellus Fiber Optics, LLC
Case Number: 3:2024cv00181
Filed: February 16, 2024
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Alistair Newbern
Referring Judge: Eli J Richardson
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09 U.S.C. § 1 U.S. Arbitration Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2024 Opinion or Order Filing 32 ORDER granting #28 , #30 and #31 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Marshall A. Bowen, Eric J.R. Nichols, and D. Todd Smith to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 04/12/2024. (lh)
April 11, 2024 Filing 31 MOTION for attorney D. Todd Smith to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4055177) by CenturyLink Communications, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Baltz, Kevin)
April 9, 2024 Filing 30 MOTION for attorney Eric J.R. Nichols to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4053188) by CenturyLink Communications, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Baltz, Kevin)
April 9, 2024 Opinion or Order Filing 29 ORDER: The initial case management conference is CANCELLED. The parties shall file a joint motion to reset the initial case management conference no later than 7 days after Judge Richardson denies the requested stay or, if Judge Richardson grants the stay, no later than 7 days after the stay is lifted, if the action is to continue in this Court. Signed by Magistrate Judge Alistair Newbern on April 9, 2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(AN)
April 9, 2024 Filing 28 MOTION for attorney Marshall A. Bowen to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4053180) by CenturyLink Communications, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Baltz, Kevin)
April 5, 2024 Filing 27 PROPOSED CASE MANAGEMENT ORDER - Joint Proposed Initial Case Mgmt Order filed by Catellus Fiber Optics, LLC, CenturyLink Communications, LLC. (Baltz, Kevin)
April 2, 2024 Opinion or Order Filing 26 ORDER: Due to a conflict with the Court's schedule, the initial case management conference set on April 10, 2024, at 10:00 a.m. is RESET for April 10, 2024, at 11:00 a.m. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 4/1/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
March 26, 2024 Filing 25 DECLARATION of Michael Wallenstein filed by Catellus Fiber Optics, LLC re: #24 Response in Support of Motion. (Attachments: #1 Exhibit 8 - Email Declining to Accept Service, #2 Exhibit 9 - Email to Kevin Baltz, #3 Exhibit 10 - Letter Requesting Citation, #4 Exhibit 11 - Citation, #5 Exhibit 12 - Service Documents, #6 Exhibit 13 - Notice of Removal, #7 Exhibit 14 - Objection to Demand for Arbitration, #8 Exhibit 15 - Response to Objection to Demand for Arbitration, #9 Exhibit 16 - Withdrawal of Objection to Demand for Arbitration, #10 Exhibit 17 - Letter Requesting In Person Hearing, #11 Exhibit 18 - Order Granting Request for In Person Hearing, #12 Exhibit 19 - Relevant Pages of Agreement)(Wallenstein, Michael)
March 26, 2024 Filing 24 RESPONSE in Support re #14 MOTION to Stay Pursuant to Colorado River Abstention Doctrine, Pending Disposition of Parallel State Court Proceedings filed by Catellus Fiber Optics, LLC. (Wallenstein, Michael)
March 22, 2024 Filing 23 NOTICE by CenturyLink Communications, LLC re Annotation - Deficiency Notice, #22 Response to Motion,,,, - Notice of Amended Conformed Certificate of Service for DN 22 (Baltz, Kevin)
March 22, 2024 NOTICE TO FILER re DE#22 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc)
March 21, 2024 Filing 22 RESPONSE to Motion re #14 MOTION to Stay Pursuant to Colorado River Abstention Doctrine, Pending Disposition of Parallel State Court Proceedings filed by CenturyLink Communications, LLC. (Attachments: #1 Exhibit A - Tarrant County Action, #2 Exhibit B - Counsel Emails, #3 Exhibit C - ND SOS Information, #4 Exhibit D - MT SOS Information, #5 Exhibit E - Composite Exhibit Showing 2023 and 2024 WY Reports, #6 Exhibit F - Composite Exhibit Showing 2023 and 2024 CO Reports, #7 Exhibit G - Composite Exhibit Showing 2023 and 2024 CA Reports, #8 Exhibit H - Feb. 22, 2024 Letter to Court re Citation Request, #9 Exhibit I - Feb. 26, 2024 FedEx from Catellus to CenturyLink TX Registered Agent, #10 Exhibit J - Feb. 27, 2024 FedEx from Catellus to CenturyLink LA Registered Agent, #11 Exhibit K - March 14, 2024 Removal filed by CenturyLink, #12 Exhibit L - March 21, 2024 Motion to Dismiss filed by CenturyLink, #13 Exhibit M - Arbitration Exhibits (Redacted), #14 Exhibit N - Feb. 21, 2024 email from Catellus counsel to CenturyLink counsel)(Baltz, Kevin)
March 17, 2024 Filing 21 DECLARATION of Michael Wallenstein filed by Catellus Fiber Optics, LLC re: #20 Supplement. (Attachments: #1 Exhibit 7 - Notice of Removal)(Wallenstein, Michael)
March 17, 2024 Filing 20 SUPPLEMENT filed by Catellus Fiber Optics, LLC re #15 Memorandum in Support. (Wallenstein, Michael)
March 11, 2024 Filing 19 AMENDED COMPLAINT to Vacate Arbitration Award against Catellus Fiber Optics, LLC, filed by CenturyLink Communications, LLC. (Attachments: #1 Exhibit Exhibit C - Row Agreement, #2 Exhibit Exhibit D - Arbitrator's April 2023 Order, #3 Exhibit Exhibit E - Arbitrator's Sept 2023 Order)(Baltz, Kevin)
March 8, 2024 NOTICE TO FILER re DE#17 : This document has been scanned. Documents generated from a word processor (Word or WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (kc)
March 7, 2024 Filing 18 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Catellus Fiber Optics, LLC. (Wallenstein, Michael)
March 7, 2024 Filing 17 DECLARATION of Michael Wallenstein filed by Catellus Fiber Optics, LLC re: #14 MOTION to Stay Pursuant to Colorado River Abstention Doctrine, Pending Disposition of Parallel State Court Proceedings. (Attachments: #1 Exhibit Final Arbitration Award dated 02-07-2024, #2 Exhibit Preliminary Hearing and Scheduling Order, #3 Exhibit Application to Confirm Arbitration Award filed on 02-09-2024, #4 Exhibit Email thread between Wallenstein and Reagan, #5 Exhibit Email thread between Wallenstein and Baltz, #6 Exhibit Transcript of Proceedings)(Wallenstein, Michael)
March 7, 2024 Filing 16 DECLARATION of Will McKinney filed by Catellus Fiber Optics, LLC re: #14 MOTION to Stay Pursuant to Colorado River Abstention Doctrine, Pending Disposition of Parallel State Court Proceedings. (Wallenstein, Michael)
March 7, 2024 Filing 15 MEMORANDUM in Support of #14 MOTION to Stay Pursuant to Colorado River Abstention Doctrine, Pending Disposition of Parallel State Court Proceedings filed by Catellus Fiber Optics, LLC . (Wallenstein, Michael)
March 7, 2024 Filing 14 MOTION to Stay Pursuant to Colorado River Abstention Doctrine, Pending Disposition of Parallel State Court Proceedings by Catellus Fiber Optics, LLC. (Wallenstein, Michael)
March 4, 2024 Opinion or Order Filing 13 ORDER granting #11 and #12 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Michael Harry Wallenstein and Justin Leon Brossier to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 03/04/2024. (lh)
February 28, 2024 TN State Bar status verified as active for Jacob T. Clabo admitted to this court. (kc)
February 28, 2024 CA State Bar status verified as active for Michael Harry Wallenstein, Justin Brossier not admitted to this court - Local counsel secured. (kc)
February 27, 2024 Filing 12 MOTION for attorney Justin Leon Brossier to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4021946) by Catellus Fiber Optics, LLC. (Attachments: #1 Attachment Certificate of Good Standing - Justin Leon Brossier)(Clabo, Jacob)
February 27, 2024 Filing 11 MOTION for attorney Michael Harry Wallenstein to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4021916) by Catellus Fiber Optics, LLC. (Attachments: #1 Attachment Certificate of Good Standing - Michael Harry Wallenstein)(Clabo, Jacob)
February 27, 2024 Filing 10 NOTICE of Appearance by Jacob T. Clabo on behalf of Catellus Fiber Optics, LLC (Clabo, Jacob)
February 21, 2024 Opinion or Order Filing 9 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 2/21/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
February 19, 2024 Filing 8 SUMMONS returned executed by CenturyLink Communications, LLC. Catellus Fiber Optics, LLC served on 2/19/2024. (Baltz, Kevin)
February 16, 2024 Filing 7 NOTICE of Initial Case Management Conference by Telephone set for 4/10/2024 at 10:00 AM before Magistrate Judge Alistair Newbern. (af)
February 16, 2024 Filing 6 Summons issued as to Catellus Fiber Optics, LLC. Service copies placed at front counter to be picked up by counsel. (af)
February 16, 2024 Filing 5 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (af)
February 16, 2024 Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (af)
February 16, 2024 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (af)
February 16, 2024 Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by CenturyLink Communications, LLC. (af)
February 16, 2024 Filing 1 PETITION TO VACATE ARIBITRATION AWARD against Catellus Fiber Optics, LLC (Filing fee $405, Receipt number ATNMDC-4014968), filed by CenturyLink Communications, LLC. (Attachments: #1 Exhibit A - Demand for Arbitration, #2 Exhibit B - Final Award, #3 Attachment - Civil Cover Sheet)(af)
February 16, 2024 TN State Bar status verified as active for Kevin C. Baltz admitted to this court. (af)

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Petitioner: CenturyLink Communications, LLC
Represented By: Kevin C. Baltz
Represented By: Eric J.R. Nichols
Represented By: Marshall A. Bowen
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Respondent: Catellus Fiber Optics, LLC
Represented By: Jacob T. Clabo
Represented By: Justin Leon Brossier
Represented By: Michael Harry Wallenstein
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