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15-198 - CenturyTel of Chatham L L C et al v. Sprint Communications Co L P


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15-198 - CenturyTel of Chatham L L C et al v. Sprint Communications Co L P
December 15, 2010
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REPORT AND RECOMMENDATION re 11 MOTION to Dismiss: IT IS RECOMMENDED that Sprint's Motion to Dismiss Count II and Refer the Other Counts to the FCC be granted by dismissing Count II for failure to state a claim on which relief may be granted and staying all other counts in the complaint so that the matter may be presented to the FCC. IT IS FURTHER RECOMMENDED that if any party, after one year, is not satisfied that the FCC has made substantial progress toward deciding the matter, the party be allowed to file with the court a report of the agency proceedings and request that the stay be lifted. Objections to R&R due by 1/3/2011. Signed by Magistrate Judge Mark Hornsby on 12/15/10. (crt,Cassanova, M)[Transferred from Louisiana Western on 1/21/2015.]
January 25, 2011
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RULING re 28 REPORT AND RECOMMENDATIONS re 11 MOTION to Dismiss Count II of Plaintiffs' Complaint MOTION to Refer remaining counts to the FCC filed by Sprint Communications Co L P and 29 MOTION for Hearing filed by All Plaintiffs. Signed by Chief Judge Robert G James on 1/24/11. (crt,DickersonSld, D) [Transferred from Louisiana Western on 1/21/2015.]
January 25, 2011
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JUDGMENT ADOPTING Report and Recommendation of the Magistrate Judge 28 and for the additional reasons stated in this Court's Ruling 36, IT IS ORDERED, ADJUDGED, AND DECREED that Defendant's Motion to Dismiss Count II and Refer the Other Counts to the Federal Communications Commission 11 is GRANTED, and Count II of Plaintiffs' Complaint is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that this case is STAYED, and the remaining counts in Plaintiffs' Complaint are referred to the Federal Communications Commission ("FCC"). After one year from the date of this Court's Ruling, if any party is not satisfied that the FCC has made substantial progress toward deciding the matter, the party may file a motion to vacate the stay with this Court. IT IS FURTHER ORDERED that Plaintiffs' request for oral argument as construed as a Motion for Hearing 29 is DENIED. Signed by Chief Judge Robert G James on 1/24/11. (crt,DickersonSld, D)[Transferred from Louisiana Western on 1/21/2015.]
May 5, 2014
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RULING re 38 MOTION to Vacate Stay imposed per 37 Judgment Adopting Report and Recommendations as to claims that asserted violations of state access tariffs (Count IV) MOTION for Leave to File Notice of Voluntary Dismissal filed by All Plaintiffs. Signed by Judge Robert G James on 5/5/14. (crt,DickersonSld, D) [Transferred from Louisiana Western on 1/21/2015.]
January 27, 2015
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CASE MANAGEMENT AND SCHEDULING ORDER: This order applies to all cases transferred to this court by the JPML on 12/16/14, all tag-along cases later transferred to this court, and all related cases later filed in, removed to, or transferred to this court. Unless the court otherwise directs, when a document is filed by the court and docketed in the Master Docket, it is deemed filed and docketed in each individual case now pending or hereafter filed in this court that is part of this litigation. Unless the court otherwise directs, a party must make a filing only in an individual case or cases to which it is a party, not in the Master Docket. The court will conduct an initial scheduling conference on 2/18/2015 10:00 AM in US Courthouse, Courtroom 1525, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Sidney A Fitzwater. Parties may participate by telephone but must file in the Master Docket a request to do so. No later than 2/1315 at noon, the parties must file a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues. No later than 2/13/15 at noon a party who has filed a pending motion in an individual case must file in the Master Docket a statement that identifies the motion. No later than 2/13/15 a party who is aware of a related case pending in federal or state court must file in the Master Docket an identifying statement. Applications for lead counsel and/or steering committee and liaison counsel for plas and dfts must be filed in the Master Docket no later than 2/13/15 at noon. Each dft is granted an extension of time to file response to cmp until date to be set. Pending the conference all pending disclosure and discovery are stayed. Prior to conference no motion shall be filed without leave of court. Order first entered 1/15/15. (Ordered by Judge Sidney A Fitzwater on 1/27/2015) (gr)
November 17, 2015
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MEMORANDUM OPINION AND ORDER granting Motion to Dismiss filed by Defendants' Lead Counsel, Defendants' Liaison Counsel, with leave to replead plaintiffs' state-law claims; denying MOTION to Dismiss on Primary Jurisdiction Grounds or, in the Alternative, for Stay Pending Referral. (Ordered by Judge Sidney A Fitzwater on 11/17/2015) (gr)
March 16, 2016
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MEMORANDUM OPINION AND ORDER: The balance of defendants' 12/8/15 motion for leave to file counterclaims, for order establishing related procedures, and for status conference is granted. Plaintiffs' 12/10/15 request for extension of time to replead state claims is granted. And plaintiffs' 12/22/15 motion for final judgment pursuant to Rule 54(b), or, in the alternative, for certification review under 28 U.S.C. ยง 1292, and for stay pending appeal is denied. (Ordered by Judge Sidney A Fitzwater on 3/16/2016) (ash)
May 15, 2018
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s's motions for summary judgment are granted, and the parties are ordered to file final judgments within seven days. (Ordered by Judge Sidney A Fitzwater on 5/15/2018) (axm)MEMORANDUM OPINION AND ORDER: In these MDL proceedings, the court decides three pending motions for summary judgment (280 in 3:14-md-02587-D; 285 in 3:14-md-02587-D; 46 in 3:16-cv-02210-D) under an abbreviated summary judgment procedure that is appropriate under the circumstances to facilitate an appeal of the court's case-dispositive decision in In re IntraMTA Switched Access Charges Litigation, 2015 WL 7252948 (N.D. Tex. Nov. 17, 2015) (Fitzwater, J.) ("IntraMTA I"). The LEC