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10-490 - Qwest Communications Company LLC v. Tekstar Communications, Inc. et al


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10-490 - Qwest Communications Company LLC v. Tekstar Communications, Inc. et al
July 12, 2010
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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) resolution 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 referred 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 charges 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 service" 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 these 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, whether 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 Audiocom, 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 Complaint 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)
January 15, 2013
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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 no 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)
November 8, 2013
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REPORT AND RECOMMENDATION re 144 MOTION to Dismiss for Lack of Jurisdiction filed by Audiocom, LLC, 176 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by Ripple Communications, Inc., 166 MOTION to Dismiss/General filed by Basement Ventures, LLC, Vast Communications, LLC, 139 MOTION to Dismiss/General FIRST AMENDED COMPLAINT filed by Free Conferencing Corp. SEE TEXT OF REPORT AND RECOMMENDATION FOR COMPLETE DETAILS. Objections to R&R due by 11/22/2013. Signed by Magistrate Judge Steven E. Rau on 11/08/2013. (jz)
November 20, 2013
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AMENDED REPORT AND RECOMMENDATION re 144 MOTION to Dismiss for Lack of Jurisdiction filed by Audiocom, LLC, 176 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by Ripple Communications, Inc., 166 MOTION to Dismiss/General filed by Basement Ventures, LLC, Vast Communications, LLC, 139 MOTION to Dismiss/General FIRST AMENDED COMPLAINT filed by Free Conferencing Corp. (See text of Report and Recommendation for further details) Objections to R&R due by 12/3/2013. Signed by Magistrate Judge Steven E. Rau on 11/20/2013. (jz) Modified text on 11/20/2013 (MMP).
January 3, 2014
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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 First 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 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. 3. Defendant 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 Competition; 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'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. Defendant 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, 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 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)
March 5, 2015
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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)
November 20, 2015
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ORDER. IT IS HEREBY ORDERED: 1. Because the Court concludes that the filings already in the record are sufficient, Qwest's Motion to Submit Written Opening Statements 393 is DENIED. 2. Counsel shall not cc the Court on emails among counsel regarding pretrial disputes. If a party wishes the Court to rule on a matter, the party shall file an appropriate motion. (Written Opinion) Signed by Judge Michael J. Davis on 11/20/15. (GRR)
February 18, 2016
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udio Conferencing. Modified on 2/18/2016 (MMP).ORDER. IT IS HEREBY ORDERED: 1. The Court will admit, as against Free Conferencing, the designated deposition testimony of Gregory Lorenzetti and Darin Rohead. The parties shall meet and confer regarding their specific objections to the designated testimony and shall resolve those objections for the Court. 2. The Court denies admission of the designated deposition testimony of Kristina Ehnert and Rex McGuire. (Written Opinion). Signed by Judge Michael J. Davis on 2/18/16. (GRR) A
February 19, 2016
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ORDER. IT IS HEREBY ORDERED: Qwest's Motion to Exclude in Part Expert Testimony of Michael Starkey 470 is DENIED. (Written Opinion) Signed by Judge Michael J. Davis on 2/19/16. (GRR) cc: Audiocom, LLC. Modified text on 2/19/2016 (MMP).