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Case TitleSMITHWICK & BELENDIUK, P.C. v. FEDERAL COMMUNICATIONS COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2012cv00891
Date Filed2012-06-04
Date Closed2013-02-19
JudgeJudge Reggie B. Walton
PlaintiffSMITHWICK & BELENDIUK, P.C.
DefendantFEDERAL COMMUNICATIONS COMMISSION
DefendantCELLCO PARTNERSHIP
doing business as VERIZON WIRELESS
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-06-041COMPLAINT against FEDERAL COMMUNICATIONS COMMISSION ( Filing fee $ 350, receipt number 4616048758) filed by SMITHWICK & BELENDIUK, P.C. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 06/05/2012)
2012-06-04SUMMONS (3) Issued as to FEDERAL COMMUNICATIONS COMMISSION, U.S. Attorney and U.S. Attorney General (dr) (Entered: 06/05/2012)
2012-06-042LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SMITHWICK & BELENDIUK, P.C. identifying Corporate Parent NONE for SMITHWICK & BELENDIUK, P.C.. (dr) (Entered: 06/05/2012)
2012-06-193NOTICE of Appearance by Rhonda Lisa Campbell on behalf of FEDERAL COMMUNICATIONS COMMISSION (Campbell, Rhonda) (Entered: 06/19/2012)
2012-06-254Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by FEDERAL COMMUNICATIONS COMMISSION (Campbell, Rhonda) (Entered: 06/25/2012)
2012-06-25MINUTE ORDER granting 4 Motion for Extension of Time to Answer. For good cause shown, it is ORDERED that the Defendant's Unopposed Motion for an Extension of Time is GRANTED. It is further ORDERED that the defendant shall respond to the plaintiff's complaint on or before August 13, 2012. Signed by Judge Reggie B. Walton on 6-25-12. (lcrbw3, ) (Entered: 06/25/2012)
2012-06-26Set/Reset Deadlines: Answer or respond to complaint by 8/13/2012, (mpt) (Entered: 06/26/2012)
2012-07-135CERTIFICATE OF SERVICE by SMITHWICK & BELENDIUK, P.C. . (Belendiuk, Arthur) (Entered: 07/13/2012)
2012-07-136CERTIFICATE OF SERVICE by SMITHWICK & BELENDIUK, P.C. . (Belendiuk, Arthur) (Entered: 07/13/2012)
2012-07-137CERTIFICATE OF SERVICE by SMITHWICK & BELENDIUK, P.C. . (Belendiuk, Arthur) (Entered: 07/13/2012)
2012-08-088Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by FEDERAL COMMUNICATIONS COMMISSION (Campbell, Rhonda) (Entered: 08/08/2012)
2012-08-09MINUTE ORDER granting 8 Motion for Extension of Time to Answer. For good cause shown, it is ORDERED that the Defendant's Unopposed Motion for an Extension of Time is GRANTED. It is further ORDERED that the defendant shall respond to the plaintiff's complaint on or before September 7, 2012. Signed by Judge Reggie B. Walton on 8-9-12. (lcrbw3, ) (Entered: 08/09/2012)
2012-08-14Set/Reset Deadlines: Answer or respond to complaint by 9/7/2012, (mpt) (Entered: 08/14/2012)
2012-09-049Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by FEDERAL COMMUNICATIONS COMMISSION (Campbell, Rhonda) (Entered: 09/04/2012)
2012-09-05MINUTE ORDER granting 9 Motion for Extension of Time to Answer. For good cause shown, it is ORDERED that the Defendant's Unopposed Motion for an Extension of Time is GRANTED. It is further ORDERED that the defendant shall respond to the plaintiff's complaint on or before September 25, 2012. Signed by Judge Reggie B. Walton on 9-5-12. (lcrbw3, ) (Entered: 09/05/2012)
2012-09-05Set/Reset Deadlines: Answer or respond to complaint by 9/25/2012, (mpt) (Entered: 09/05/2012)
2012-09-2110Unopposed MOTION for Extension of Time to File Answer re 1 Complaint or otherwise respond to the Complaint by FEDERAL COMMUNICATIONS COMMISSION (Campbell, Rhonda) (Entered: 09/21/2012)
2012-09-24MINUTE ORDER granting 10 Motion for Extension of Time to Answer. For good cause shown, it is ORDERED that the Defendant's Unopposed Motion for an Extension of Time is GRANTED. It is further ORDERED that the defendant shall respond to the plaintiff's complaint on or before October 12, 2012. Signed by Judge Reggie B. Walton on 9-24-12. (lcrbw3) (Entered: 09/24/2012)
2012-09-27Set/Reset Deadlines: Answer or respond to complaint by 10/12/2012, (mpt) (Entered: 09/27/2012)
2012-10-1211MOTION for Summary Judgment by FEDERAL COMMUNICATIONS COMMISSION (Attachments: # 1 Exhibit 1-6, # 2 Exhibit 7-12, # 3 Exhibit 13, # 4 Declaration Hindman Declaration)(Campbell, Rhonda) (Entered: 10/12/2012)
2012-10-1212MOTION to Intervene by CELLCO PARTNERSHIP (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Proposed Answer, # 4 Proposed Corporate Disclosure Statement, # 5 Proposed Motion for Summary Judgment)(rdj) (Entered: 10/15/2012)
2012-10-1813Consent MOTION for Extension of Time to File Response/Reply to FCC Motion for Summary Judgment by SMITHWICK & BELENDIUK, P.C. (Belendiuk, Arthur) (Entered: 10/18/2012)
2012-10-18MINUTE ORDER granting 13 Motion for Extension of Time to File Response/Reply. For good cause shown, it is ORDERED that the Plaintiff's Unopposed Motion for an Extension of Time is GRANTED. It is further ORDERED that the plaintiff shall file a memorandum in opposition to the defendant's motion for summary judgment on or before November 30, 2012. Signed by Judge Reggie B. Walton on 10-18-12. (lcrbw3) (Entered: 10/18/2012)
2012-10-19Set/Reset Deadlines: Memorandum in Opposition due by 11/30/2012 (mpt, ) (Entered: 10/19/2012)
2012-11-0814REPLY to opposition to motion re 12 MOTION to Intervene filed by CELLCO PARTNERSHIP. (Morrissey, Brendan) (Entered: 11/08/2012)
2012-11-3015Memorandum in opposition to re 11 MOTION for Summary Judgment Brief in Opposition filed by SMITHWICK & BELENDIUK, P.C.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Belendiuk, Arthur) (Entered: 11/30/2012)
2012-12-03MINUTE ORDER granting 12 Motion to Intervene. The Court having considered the Motion to Intervene of Cellco Partnership d/b/a Verizon Wireless, and there being no timely opposition thereto, it is ORDERED that the motion is GRANTED as conceded pursuant to Local Rule of Civil Procedure 7(b). It is further ORDERED that the proposed Answer and Motion for Summary Judgment submitted with that motion are deemed filed and served as of the date of this Order. Signed by Judge Reggie B. Walton on 12-3-12. (lcrbw3) (Entered: 12/03/2012)
2012-12-0316Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment by FEDERAL COMMUNICATIONS COMMISSION (Campbell, Rhonda) (Entered: 12/03/2012)
2012-12-0317ANSWER to 1 Complaint by CELLCO PARTNERSHIP.(td, ) (Entered: 12/03/2012)
2012-12-0318LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CELLCO PARTNERSHIP identifying Corporate Parent VODAFONE GROUP PLC, Corporate Parent VERIZON COMMUNICATIONS INC. for CELLCO PARTNERSHIP. (td, ) (Entered: 12/03/2012)
2012-12-0319MOTION for Summary Judgment by CELLCO PARTNERSHIP (td, ) (Entered: 12/03/2012)
2012-12-04MINUTE ORDER granting 16 Motion for Extension of Time to File Response/Reply. For good cause shown, it is ORDERED that the Defendant's Unopposed Motion for an Extension of Time is GRANTED. It is further ORDERED that the defendant shall file a reply in support of its motion for summary judgment on or before January 15, 2013. Signed by Judge Reggie B. Walton on 12-4-12. (lcrbw3) (Entered: 12/04/2012)
2012-12-04Set/Reset Deadlines: Reply due by 1/15/2013. (mpt, ) (Entered: 12/04/2012)
2012-12-0620Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by CELLCO PARTNERSHIP (Morrissey, Brendan) (Entered: 12/06/2012)
2012-12-06MINUTE ORDER granting 20 Motion for Extension of Time to File Response/Reply. For good cause shown, it is ORDERED that the Intervenor-Defendant's Unopposed Motion for an Extension of Time is GRANTED. It is further ORDERED that the Intervenor-Defendant shall file its reply brief on or before January 15, 2013. Signed by Judge Reggie B. Walton on 12-6-12. (lcrbw3) (Entered: 12/06/2012)
2012-12-07Set/Reset Deadlines: Reply brief due by 1/15/2013. (mpt, ) (Entered: 12/07/2012)
2012-12-2121MOTION to Amend/Correct Complaint by SMITHWICK & BELENDIUK, P.C. (Attachments: # 1 Amended Complaint)(Belendiuk, Arthur) (Entered: 12/21/2012)
2013-01-1022NOTICE of Appearance by Joshua S. Turner on behalf of CELLCO PARTNERSHIP (Turner, Joshua) (Entered: 01/10/2013)
2013-01-10MINUTE ORDER denying 11 Motion for Summary Judgment; denying 19 Motion for Summary Judgment; granting 21 Motion to Amend/Correct. The Court having considered the plaintiff's Motion for Leave to File Amended Complaint, and there being no timely opposition thereto, it is ORDERED that the motion is GRANTED as conceded pursuant to Local Rule of Civil Procedure 7(b). The Clerk shall docket the proposed amended complaint attached as an exhibit to the plaintiff's motion. It is further ORDERED that, in light of the filing of the amended complaint, the pending motions for summary judgment are DENIED without prejudice as moot. Signed by Judge Reggie B. Walton on 1-10-2013. (lcrbw3) (Entered: 01/10/2013)
2013-01-1023AMENDED COMPLAINT against CELLCO PARTNERSHIP, FEDERAL COMMUNICATIONS COMMISSION filed by SMITHWICK & BELENDIUK, P.C..(td, ) (Entered: 01/11/2013)
2013-01-2324Defendant Federal Communications Commission ANSWER to 23 Amended Complaint by FEDERAL COMMUNICATIONS COMMISSION. Related document: 23 Amended Complaint filed by SMITHWICK & BELENDIUK, P.C..(Campbell, Rhonda) (Entered: 01/23/2013)
2013-01-2325Joint MOTION for Briefing Schedule by FEDERAL COMMUNICATIONS COMMISSION (Campbell, Rhonda) (Entered: 01/23/2013)
2013-01-2326ANSWER to 23 Amended Complaint by CELLCO PARTNERSHIP. Related document: 23 Amended Complaint filed by SMITHWICK & BELENDIUK, P.C..(Turner, Joshua) (Entered: 01/23/2013)
2013-01-24MINUTE ORDER granting 25 Motion for Briefing Schedule. For good cause shown, it is ORDERED that the parties' Joint Motion for a Proposed Briefing Schedule is GRANTED. It is further ORDERED that this case shall proceed as follows: (1) the defendants shall file their motions for summary judgment on or before February 25, 2013; (2) the plaintiff shall file its consolidated opposition to the defendants' motions and cross-motion for summary judgment on or before March 26, 2013; (3) the defendants shall file their consolidated replies in support of their motions for summary judgment and oppositions to the plaintiff's cross-motion for summary judgment on or before April 10, 2013; and (4) the plaintiff shall file its reply in support of its cross-motion for summary judgment on or before May 1, 2013. It is further ORDERED that the defendants shall coordinate their briefing efforts to ensure that their summary judgment briefs are not repetitive. If deemed appropriate, the defendants may, but are not required to, submit their briefs together in consolidated filings rather than separate filings. Signed by Judge Reggie B. Walton on 1-24-13. (lcrbw3) (Entered: 01/24/2013)
2013-01-25Set/Reset Deadlines: Motion for Summary Judgment due by 2/25/13; Opposition to Motion and Cross Motion due by 3/26/13; Reply to Opposition and Opposition to Cross Motion due by 4/10/13; Reply to Cross Motion due by 5/1/13(mpt, ) (Entered: 01/25/2013)
2013-02-1527Joint MOTION to Stay Proceedings by FEDERAL COMMUNICATIONS COMMISSION (Campbell, Rhonda) (Entered: 02/15/2013)
2013-02-19MINUTE ORDER granting 27 Motion to Stay. For good cause shown, it is ORDERED that the parties' Joint Motion to Stay Proceedings is GRANTED. It is further ORDERED that this case is STAYED and ADMINISTRATIVELY CLOSED pending further Order of the Court. It is further ORDERED that the parties shall file a status report on or before March 19, 2013, and every 30 days thereafter, apprising the Court of whether the stay should be lifted. Signed by Judge Reggie B. Walton on 2-19-2013. (lcrbw3) (Entered: 02/19/2013)
2013-02-19Set/Reset Deadlines: Status Report due by 3/19/2013. (tg, ) (Entered: 02/19/2013)
2013-02-19Case Stayed. (tg, ) (Entered: 02/19/2013)
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