Cellco Partnership et al v. Windstream Kentucky East LLC et al
| Arkansas Eastern District Court | |
| Judge: | Lee P Rudofsky |
| Case #: | 4:23-cv-01015 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:2201 Declaratory Judgement |
| Case Filed: | Oct 23, 2023 |
| Last checked: Saturday Apr 20, 2024 5:29 AM CDT |
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Counter Claimant
Windstream KDL LLC
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Counter Claimant
Georgia Windstream LLC
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Counter Claimant
Valor Telecommunications of Texas LLC
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Counter Claimant
Windstream Arkansas LLC
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Counter Claimant
Windstream Communications Kerrville LLC
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Counter Claimant
Windstream Concord Telephone LLC
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Counter Claimant
Windstream Florida LLC
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Counter Claimant
Windstream Georgia Communications LLC
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Counter Claimant
Windstream Georgia LLC
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Counter Claimant
Windstream Iowa Communications LLC
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Counter Claimant
Windstream Kentucky East LLC
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Counter Claimant
Windstream Nebraska Inc
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Counter Claimant
Windstream New York Inc
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Counter Claimant
Windstream North Carolina LLC
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Counter Claimant
Windstream Ohio LLC
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Counter Claimant
Windstream South Carolina LLC
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Counter Claimant
Windstream Standard LLC
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Counter Claimant
Windstream Sugar Land LLC
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Counter Claimant
Windstream Western Reserve LLC
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Counter Defendant
Cellco Partnership
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Counter Defendant
MCI Communications Services LLC
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Defendant
Windstream Western Reserve LLC
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Defendant
Georgia Windstream LLC
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Defendant
Valor Telecommunications of Texas LLC
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Defendant
Windstream Arkansas LLC
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Defendant
Windstream Communications Kerrville LLC
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Defendant
Windstream Concord Telephone LLC
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Defendant
Windstream Florida LLC
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Defendant
Windstream Georgia Communications LLC
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Defendant
Windstream Georgia LLC
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Defendant
Windstream Iowa Communications LLC
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Defendant
Windstream KDL LLC
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Defendant
Windstream Kentucky East LLC
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Defendant
Windstream Nebraska Inc
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Defendant
Windstream New York Inc
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Defendant
Windstream North Carolina LLC
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Defendant
Windstream Ohio LLC
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Defendant
Windstream South Carolina LLC
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Defendant
Windstream Standard LLC
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Defendant
Windstream Sugar Land LLC
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Plaintiff
MCI Communications Services LLC
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Plaintiff
Cellco Partnership
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| Docket last updated: 31 minutes ago |
| Monday, April 14, 2025 | ||
| 33 | 33
misc
Stipulation of Dismissal
Mon 04/14 3:55 PM
STIPULATION of Dismissal with Prejudice by Cellco Partnership, MCI Communications Services LLC. (Angstreich, Scott) |
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| Friday, January 17, 2025 | ||
| 32 | 32
order
Order ~Util - Terminate Motions
Fri 01/17 11:18 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: In light of31 Notice of Settlement, the Court stays all pending motions and deadlines until April 15, 2025. If the case is not formally disposed of on or before that date, the Court will lift the stay and discuss new deadlines with the parties. Signed by Judge Lee P. Rudofsky on 1/17/2025. (hml) |
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| 31 | 31
notice
Notice of Settlement
Fri 01/17 9:27 AM
NOTICE of Settlement Agreement (Tentative) by Windstream Iowa Communications LLC, Windstream Nebraska Inc, Windstream Arkansas LLC, Windstream KDL LLC, Windstream Western Reserve LLC, Windstream North Carolina LLC, Windstream Florida LLC, Windstream Ohio LLC, Valor Telecommunications of Texas LLC, Cellco Partnership, Windstream Standard LLC, Windstream Concord Telephone LLC, Windstream New York Inc, Georgia Windstream LLC, Windstream Sugar Land LLC, MCI Communications Services LLC, Windstream Georgia LLC, Windstream Communications Kerrville LLC, Windstream South Carolina LLC, Windstream Kentucky East LLC, Windstream Georgia Communications LLC (Angstreich, Scott) |
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| Monday, July 15, 2024 | ||
| 30 | 30
order
Order on Motion to Stay
Mon 07/15 8:24 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Defendants'10 Motion to Stay and for Primary Jurisdiction Referral to the FCC. Neither the ultimate dispute between the parties here, nor the subsidiary issues underlying that dispute, strike the Court as the type of complicated issue that might counsel giving the FCC the first crack at this. Accordingly, the Eighth Circuit's caselaw's general reticence of using the primary jurisdiction doctrine is reason enough to deny Defendants' request. The juice would not be worth the squeeze. Signed by Judge Lee P. Rudofsky on 7/15/1014. (mec) |
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| Friday, July 12, 2024 | ||
| 29 | 29
misc
Brief (non-appeal)
Fri 07/12 11:15 AM
BRIEF filed by Cellco Partnership, MCI Communications Services LLC re 27 Order,, (Angstreich, Scott) |
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| 28 | 28
misc
Brief (non-appeal)
Fri 07/12 8:24 AM
BRIEF filed by Georgia Windstream LLC, Valor Telecommunications of Texas LLC, Windstream Arkansas LLC, Windstream Communications Kerrville LLC, Windstream Concord Telephone LLC, Windstream Florida LLC, Windstream Georgia Communications LLC, Windstream Georgia LLC, Windstream Iowa Communications LLC, Windstream KDL LLC, Windstream Kentucky East LLC, Windstream Nebraska Inc, Windstream New York Inc, Windstream North Carolina LLC, Windstream Ohio LLC, Windstream South Carolina LLC, Windstream Standard LLC, Windstream Sugar Land LLC, Windstream Western Reserve LLC (Pasichow, Julienne) |
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| Monday, July 01, 2024 | ||
| 27 | 27
order
Order
Mon 07/01 10:05 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. The Court directs each party to file a supplemental brief of no more than four (4) pages explaining whether and why (or why not) the Supreme Court's recent decision in Loper Bright Enter. et al. v. Raimondo, Sec'y of Com., et al. , (e.g., the overturning of the Chevron doctrine) should have any effect on this Court's discretionary call concerning the requested invocation of the primary jurisdiction doctrine. Briefs are due by 11:59 p.m. on July 14, 2024. No extensions absent extraordinary circumstances. Signed by Judge Lee P. Rudofsky on 7/1/2024. (mec) |
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| Tuesday, April 30, 2024 | ||
| 26 | 26
respm
Reply to Response to Motion
Tue 04/30 1:05 PM
REPLY to Response to Motion re19 MOTION to Dismiss Windstream's Counterclaims and to Strike Windstream's Second, Third, Fifth, Sixth, and Seventh Affirmative Defenses filed by Cellco Partnership, MCI Communications Services LLC. (Angstreich, Scott) |
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| Monday, April 29, 2024 | ||
| 25 | 25
order
Order on Motion for Leave to File
Mon 04/29 3:06 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting24 Unopposed Motion for Leave to File a Reply in Support of19 Motion to Dismiss. Signed by Judge Lee P. Rudofsky on 4/29/2024. (hml) |
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| Friday, April 26, 2024 | ||
| 24 | 24
motion
Leave to File Document
Fri 04/26 2:06 PM
Unopposed MOTION for Leave to File a Reply in Support of Its Motion to Dismiss Windstream's Counterclaims and to Strike Windstream's Affirmative Defenses by Cellco Partnership, MCI Communications Services LLC(Angstreich, Scott) |
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Att: 1
Reply in Support of Motion to Dismiss and to Strike
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| Friday, April 19, 2024 | ||
| 23 | 23
respm
Response in Opposition to Motion
Fri 04/19 12:06 PM
RESPONSE in Opposition re19 MOTION to Dismiss Windstream's Counterclaims and to Strike Windstream's Second, Third, Fifth, Sixth, and Seventh Affirmative Defenses filed by All Defendants.(Pasichow, Julienne) |
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Att: 1
Exhibit Excerpt from Windstream ILEC Interstate BDS Guidebook
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| Wednesday, April 10, 2024 | ||
| 22 | 22
order
Order on Motion for Leave to File
Wed 04/10 1:18 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting21 Motion for Leave to File Reply to10 Motion for Primary Jurisdiction Referral to the FCC. Signed by Judge Lee P. Rudofsky on 4/10/2024. (hml) |
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| 21 | 21
motion
Leave to File Document
Wed 04/10 12:26 PM
Unopposed MOTION for Leave to File Reply in Support of Motion for Primary Jurisdiction Referral by All Defendants (Pasichow, Julienne) |
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utility
Notice of Docket Correction
Wed 04/10 12:12 PM
NOTICE OF DOCKET CORRECTION re docket entries1 ,2 ,4 ,5 ,16 ,18 ,19 , and20 . CORRECTION: The docket texts were modified to correct the party filers as Cellco Partnership and MCI Communications Services LLC as marked on the documents.(jak) |
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| Friday, April 05, 2024 | ||
| 20 | 20
brief
Brief in Support
Fri 04/05 2:32 PM
BRIEF IN SUPPORT re19 Motion to Dismiss Windstream's Counterclaims and to Strike Windstream's Second, Third, Fifth, Sixth, and Seventh Affirmative Defenses filed by Cellco Partnership. (Angstreich, Scott) |
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| 19 | 19
motion
Dismiss
Fri 04/05 2:27 PM
MOTION to Dismiss Windstream's Counterclaims and to Strike Windstream's Second, Third, Fifth, Sixth, and Seventh Affirmative Defenses by Cellco Partnership (Angstreich, Scott) |
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| 18 | 18
respm
Response in Opposition to Motion
Fri 04/05 2:21 PM
RESPONSE in Opposition re10 MOTION to Stay and for Primary Jurisdiction Referral to the FCC filed by Cellco Partnership. (Angstreich, Scott) |
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| Tuesday, March 19, 2024 | ||
| 17 | 17
order
Order on Motion for Extension of Time to File Response/Reply
Tue 03/19 3:16 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting16 Motion for Extension of Time to File Response to10 Motion to Stay and for Primary Jurisdiction Referral to the FCC. Response due by 4/5/2024. Signed by Judge Lee P. Rudofsky on 3/19/2024. (hml) |
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| 16 | 16
motion
Extension of Time to File Response/Reply
Tue 03/19 9:13 AM
First MOTION for Extension of Time to File Response/Reply as to10 MOTION to Stay and for Primary Jurisdiction Referral to the FCC by Cellco Partnership (Angstreich, Scott) |
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| Monday, March 18, 2024 | ||
| 15 | 15
order
Order on Motion to Appear Pro Hac Vice
Mon 03/18 3:43 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting13 Julienne Pasichow's Motion to Appear Pro Hac Vice. Signed by Judge Lee P. Rudofsky on 3/18/2024. (hml) |
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| 14 | 14
order
Order on Motion to Appear Pro Hac Vice
Mon 03/18 3:41 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting12 Jared Paul Marx's Motion to Appear Pro Hac Vice. Signed by Judge Lee P. Rudofsky on 3/18/2024. (hml) |
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| Friday, March 15, 2024 | ||
| 13 | 13
motion
Appear Pro Hac Vice
Fri 03/15 2:59 PM
MOTION for Leave to Appear pro hac vice by Julienne Pasichow. Fee $100 receipt number AAREDC-4712609. Filed by All Defendants (Marts, Gary) |
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| 12 | 12
motion
Appear Pro Hac Vice
Fri 03/15 2:58 PM
MOTION for Leave to Appear pro hac vice by Jared Paul Marx. Fee $100 receipt number AAREDC-4712604. Filed by All Defendants (Marts, Gary) |
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| 11 | 11
brief
Brief in Support
Fri 03/15 2:55 PM
BRIEF IN SUPPORT re10 Motion to Stay and for Primary Jurisdiction Referral to the FCC filed by All Defendants.(Marts, Gary) |
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Att: 1
Exhibit A (excerpt from BDS Guidebook),
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Att: 2
Exhibit B (excerpt from FCC Tariff)
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| 10 | 10
motion
Stay
Fri 03/15 2:52 PM
MOTION to Stay and for Primary Jurisdiction Referral to the FCC by All Defendants (Marts, Gary) |
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| 9 | 9
answer
Answer to Complaint Counterclaim
Fri 03/15 2:45 PM
ANSWER to1 Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Windstream Nebraska Inc, Windstream Concord Telephone LLC, Windstream Communications Kerrville LLC, Windstream Ohio LLC, Windstream New York Inc, Valor Telecommunications of Texas LLC, Windstream KDL LLC, Georgia Windstream LLC, Windstream Florida LLC, Windstream Georgia LLC, Windstream South Carolina LLC, Windstream Georgia Communications LLC, Windstream Arkansas LLC, Windstream Western Reserve LLC, Windstream Standard LLC, Windstream North Carolina LLC, Windstream Kentucky East LLC, Windstream Sugar Land LLC, Windstream Iowa Communications LLC.(Marts, Gary) |
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| 8 | 8
notice
Notice of Appearance
Fri 03/15 2:41 PM
NOTICE of Appearance by Gary D. Marts, Jr on behalf of All Defendants (Marts, Gary) |
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| Tuesday, January 23, 2024 | ||
| 7 | 7
notice
Notice of Appearance
Tue 01/23 8:59 AM
NOTICE of Appearance by Regina Ann Young on behalf of Valor Telecommunications of Texas LLC, Windstream Arkansas LLC, Windstream Communications Kerrville LLC, Windstream Concord Telephone LLC, Windstream Florida LLC, Windstream Georgia Communications LLC, Windstream Georgia LLC, Windstream Iowa Communications LLC, Windstream KDL LLC, Windstream Kentucky East LLC, Windstream Nebraska Inc, Windstream New York Inc, Windstream North Carolina LLC, Windstream Ohio LLC, Windstream South Carolina LLC, Windstream Standard LLC, Windstream Sugar Land LLC, Windstream Western Reserve LLC (Young, Regina) |
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| Thursday, January 18, 2024 | ||
| 6 | 6
order
Order on Motion to Appear Pro Hac Vice
Thu 01/18 4:19 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting4 Motion to Appear Pro Hac Vice as to Alex P. Treiger. Signed by Judge Lee P. Rudofsky on 1/18/2024. (hml) |
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| 5 | 5
service
Waiver of Service Executed
Thu 01/18 2:36 PM
WAIVER OF SERVICE Returned Executed as to All Defendants by Cellco Partnership. (Quattlebaum, Steven) |
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| Tuesday, November 28, 2023 | ||
| 4 | 4
motion
Appear Pro Hac Vice
Tue 11/28 10:29 AM
MOTION for Leave to Appear pro hac vice by Alex P. Treiger. Fee $100 receipt number AAREDC-4646179. Filed by Cellco Partnership (Quattlebaum, Steven) |
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| Monday, October 23, 2023 | ||
| 3 | 3
2
pgs
order
Order
Mon 10/23 3:52 PM
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (ldb) |
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| 2 | 2
misc
Corporate Disclosure Statement (Rule 7.1)
Mon 10/23 2:47 PM
Corporate Disclosure Statement (Rule 7.1) by Cellco Partnership. (ldb) |
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| 1 | 1
13
pgs
cmp
Complaint
Mon 10/23 2:42 PM
COMPLAINT filed by Cellco Partnership against All Defendants (Fee $ 402, Receipt Number LIT4008.) No summons issued. (ldb) |
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Att: 1
Civil Cover Sheet
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