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07-430 - Qwest Corporation v. Boyle et al


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07-430 - Qwest Corporation v. Boyle et al
February 4, 2008
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ORDER - After consultation with Defendants' counsel, Plaintiff's counsel shall contact the secretary for the undersigned United States District Judge to schedule a telephone conference call between counsel for the parties and the undersigned United States District Judge, during which conference call the parties shall be prepared to address, among other things, scheduling a hearing on Plaintiff's motion for preliminary injunction (filing 5) and whether the trial on the merits shall be consolidated with that hearing pursuant to Fed. R. Civ. P. 65(a)(2).Ordered by Judge Richard G. Kopf. (GJG, )
February 26, 2008
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MEMORANDUM AND ORDER - The parties' stipulation (filing 24), treated as a motion, is granted, as follows: a. Defendants may file a brief and evidence index in opposition to Plaintiff's motion for preliminary injunction by March 4, 2008. b. Plaintiff shall have until March 11, 2008, to reply. On or before March 3, 2008, Plaintiff's counsel shall contact the undersigned's secretary to schedule a conference call as was ordered by the court on February 4, 2008. Absent strict compliance with this order. Plaintiffs motion for preliminary injunction may be denied without prejudice and without further notice. Ordered by Judge Richard G. Kopf. (GJG, )
March 31, 2008
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MEMORANDUM AND ORDER denying 5 Motion for Preliminary Injunction. Because the motion for preliminary injunction has been pending since February 1, 2008, and because no action has been taken to comply with the courts scheduling order, the motion shall be denied without prejudice. Ordered by Judge Richard G. Kopf. (JAB)
June 9, 2008
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ORDER - The parties joint stipulation (filing 35), treated as a motion, is granted, and the briefing schedule is modified as follows: 1. Defendant shall file a brief by June 30, 2008. 2. Plaintiff may file a reply brief by July 18, 2008. 3. This case shall be ripe for decision on July 21, 2008 4. In all other respects, the courts memorandum and order entered on April 7, 2008 (filing 31), shall remain in full force and effect. Ordered by Judge Richard G. Kopf. (GJG, )
November 7, 2008
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MEMORANDUM AND ORDER-1. The plaintiff's motion for leave to supplement record with declaration of Peter Copeland (filing 39) is denied. 2. The plaintiff's claim that it should be allowed to recover its costs of implementing the Nebraska Public Service Commission's rate order, as alleged in paragraphs 40 and 45 of the amended complaint (filing 4), is dismissed, without prejudice, for lack of subject matter jurisdiction because the claim is not ripe for determination. 3. The plaintiff's claim that the defendants violated the Nebraska Administrative Procedure Act, as alleged in paragraphs 63 through 67 (count V) of the amended complaint, is dismissed, without prejudice, for lack of subject matter jurisdiction because the claim is barred by the States Eleventh Amendment immunity. 4. On all other claims the court finds in favor of the defendants and against the plaintiff, and the Nebraska Public Service Commissions October 10, 2007 rate order, as modified on February 26, 2008, is hereby affirmed. 5. A final judgment in conformity with the foregoing will be entered by separate document. Ordered by Judge Richard G. Kopf. (LKL)
February 19, 2010
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ORDER - Pursuant to the mandate of the Court of Appeals (filing 56), and in accordance with its opinion and judgment (filings 53, 54), this matter is remanded to the Nebraska Public Service Commission for further proceedings concerning how Qwest Communications Corporation will implement the Commission's order. The clerk of the court shall close this case for statistical purposes. Ordered by Judge Richard G. Kopf. (GJG)