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13-1080 - Level 3 Communications, LLC et al v. Illinois Bell Telephone Company et al


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13-1080 - Level 3 Communications, LLC et al v. Illinois Bell Telephone Company et al
January 7, 2014
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(VACATED) MEMORANDUM AND ORDER re: 14 IT IS HEREBY ORDERED that the motion to dismiss the claims of plaintiff Broadwing Communications, LLC against defendants Illinois Bell Telephone Company, Indiana Bell Telephone Company, Michigan Bell Telephone Company, Ohio Bell Telephone Company, and Southern New England Telephone Company, for lack of personal jurisdiction pursuant to Fed.R.Civ.P. 12(b)(2) [Doc. #14] is granted. An order of partial dismissal is filed separately.. Signed by District Judge Carol E. Jackson on 1/7/14. (KKS) Modified on 8/24/2016 (CLO).
February 4, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the defendants motion to dismiss [Doc. #12] is granted in part and denied in part. An order of partial dismissal will be filed separately. Signed by District Judge Carol E. Jackson on 2/4/2014. (KMS)
April 4, 2014
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the motion of plaintiff, Broadwing Communications, LLC, to reconsider, sever claims, and transfer [Doc. #33] is granted. IT IS FURTHER ORDERED that the dismissal of Illinois Bell Telephone Company and Michigan Bell Telephone Company in the order entered on February 4, 2014 [Doc. #35, 36] is vacated. IT IS FURTHER ORDERED that the Clerk of Court is directed to transfer the claims of Broadwing Communications, LLC against Illinois Bell Telephone Company, as set forth in the complaint [Doc. #1], to the United States District Court for the Northern District of Illinois. IT IS FURTHER ORDERED that the Clerk of Court is directed to transfer the claims of Broadwing Communications, LLC against Michigan Bell Telephone Company, as set forth in the complaint [Doc. #1], to the United States District Court for the Northern District of Texas. Signed by District Judge Carol E. Jackson on 4/4/14. (KJS) Modified on 8/24/2016- Per entry 109page 3 of this Memorandum and Order is corrected as follows:IT IS FURTHER ORDERED that the dismissal of Illinois Bell Telephone Company and Michigan Bell Telephone Company in the order entered on January 7, 2014 [Doc. ##31, 32] is vacated. (CLO).
April 10, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for summary judgment [Doc. #85] is granted in part and denied in part as to Counts I and II. IT IS FURTHER ORDERED that defendants motion for summary judgment [Doc. #[89] is granted in part and denied in part as to Counts I and II. IT IS FURTHER ORDERED that plaintiffs motion for summary judgment is granted and defendants motion for summary judgment is denied with respect to Counts I and II, except to the extent that Counts I and II are based on bills plaintiffs received pursuant to the Level 3 ICAs and the Broadwing Texas ICA more than twelve months after the decision in Talk America. IT IS FURTHER ORDERED that plaintiffs motion for summary judgment [Doc. #85] is granted as to Counts III and IV, denied as to Count V, and granted as to Counts I and II of defendants counterclaim. IT IS FURTHER ORDERED that defendants motion for summary judgment [Doc. #89] is denied as to Counts III and IV, granted as to Count V, and denied as to Counts I and II of defendants counterclaim. IT IS FURTHER ORDERED that plaintiffs request for oral argument is denied as moot. IT IS FURTHER ORDERED that the parties shall have until April 26, 2017, to submit a joint proposed schedule for Phase II. ( Joint Scheduling Plan due by 4/26/2017.) Signed by District Judge Carol E. Jackson on 4/10/17. (JAB)
July 24, 2017
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MEMORANDUM AND ORDER: IS HEREBY ORDERED that defendants motion for reconsideration and/or clarification of the April 10, 2017 Memorandum and Order [Doc. #112] is granted. IT IS FURTHER ORDERED that plaintiffs claim is not barred by the statute of limitations provided under 47 U.S.C. ยง415(b). IT IS FURTHER ORDERED that all Level 3 and Broadwing Texas billing disputes that were tolled until Talk America but not filed before June 9, 2012 are untimely and barred. IT IS FURTHER ORDERED that all Level 3 and Broadwing Texas billing disputes occurring more than twelve months before June 7, 2013 are untimely pursuant to the Level 3 and Broadwing Texas ICAs and therefore barred. Signed by District Judge Carol E. Jackson on 7/24/17. (JAB)