| Date Filed | Doc # | Docket Text |
|
| 2011-08-05 | 1 | COMPLAINT against Federal Communications Commission. (Filing Fee $ 350.00, Receipt Number 13313)Document filed by Bursor & Fisher, P.A.(mbe) (Entered: 08/08/2011) |
| 2011-08-05 | | SUMMONS ISSUED as to Federal Communications Commission. (mbe) (Entered: 08/08/2011) |
| 2011-08-05 | | Magistrate Judge Henry B. Pitman is so designated. (mbe) (Entered: 08/08/2011) |
| 2011-08-05 | | Case Designated ECF. (mbe) (Entered: 08/08/2011) |
| 2011-08-05 | 2 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bursor & Fisher, P.A..(mbe) (Entered: 08/08/2011) |
| 2011-08-08 | 3 | MOTION to Compel Preparation of a Vaughn Index . Document filed by Bursor & Fisher, P.A..(Marchese, Joseph) (Entered: 08/08/2011) |
| 2011-08-18 | 4 | ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: Federal Communications Commission shall show cause as to why a preliminary injunction should not be issued pursuant to Rule 65 of the Federal of Civil Procedure enjoining defendant, its officers, agents, servants, employees, and all persons acting in concert with it or them, from improperly withholding agency records and ordering the production of agency records that plaintiff requested on June 20, 2011 form defendant in connection with FCC WT Docket No. 11-65 Pursuant to the Freedom of Information Act, 5 U.S.C. 552.. Show Cause Hearing set for 9/8/2011 at 09:30 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Signed by Judge George B. Daniels on 8/18/2011) (rdz) (Entered: 08/18/2011) |
| 2011-08-18 | 5 | MEMORANDUM OF LAW in Support re: 4 Order to Show Cause, Set Hearings,,,,,, PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR A PRELIMINARY INJUNCTION . Document filed by Bursor & Fisher, P.A.. (Marchese, Joseph) (Entered: 08/18/2011) |
| 2011-08-18 | 6 | DECLARATION of COLIN B. WEIR in Support re: 4 Order to Show Cause, Set Hearings,,,,,,. Document filed by Bursor & Fisher, P.A.. (Marchese, Joseph) (Entered: 08/18/2011) |
| 2011-08-18 | 7 | DECLARATION of JOSEPH I. MARCHESE in Support re: 4 Order to Show Cause, Set Hearings,,,,,,. Document filed by Bursor & Fisher, P.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Marchese, Joseph) (Entered: 08/18/2011) |
| 2011-08-19 | 8 | AFFIDAVIT OF SERVICE of Summons and Complaint. Federal Communications Commission served on 8/19/2011, answer due 9/9/2011. Service was accepted by KAREN BROWN, LEGAL ASSISTANT. Document filed by Bursor & Fisher, P.A.. (Marchese, Joseph) (Entered: 08/19/2011) |
| 2011-08-19 | 9 | AFFIDAVIT OF SERVICE of NOTICE OF MOTION AND MOTION TO COMPEL PREPARATION OF A VAUGHN INDEX; ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION; DECLARATION OF COLIN WEIR IN SUPPORT OF MOTION FOR A PRELIMINARY INJUNCTION ; DECLARATION OF JOSEPH MARCHESE IN SUPPORT OF MOTION FOR A PRELIMINARY INJUNCTION; AND PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR A PRELIMINARY INJUNCTION served on FEDERAL COMMUNICATIONS COMMISSION on 08/19/2011. Service was accepted by KAREN BROWN, LEGAL ASSISTANT. Document filed by Bursor & Fisher, P.A.. (Marchese, Joseph) (Entered: 08/19/2011) |
| 2011-08-24 | 10 | AFFIDAVIT OF SERVICE of Summons and Complaint. Federal Communications Commission served on 8/8/2011, answer due 9/9/2011. Service was accepted by KIM MATTOS, EXECUTIVE ASSISTANT. Document filed by Bursor & Fisher, P.A.. (Marchese, Joseph) (Entered: 08/24/2011) |
| 2011-08-24 | 11 | AFFIDAVIT OF SERVICE of Motion to Compel Preparation of a Vaughn Index served on FEDERAL COMMUNICATIONS COMMISSION on 08/08/2011. Service was accepted by KIM MATTOS, EXECUTIVE ASSISTANT. Document filed by Bursor & Fisher, P.A.. (Marchese, Joseph) (Entered: 08/24/2011) |
| 2011-08-26 | 12 | MEMORANDUM OF LAW in Opposition re: 4 Order to Show Cause, Set Hearings,,,,,, Opposing Plaintiff's Motion for Preliminary Injunction by Order to Show Cause . Document filed by Federal Communications Commission. (Jones, David) (Entered: 08/26/2011) |
| 2011-08-26 | 13 | AFFIDAVIT of Dr. Susan S. Singer in Opposition re: 4 Order to Show Cause, Set Hearings,,,,,,. Document filed by Federal Communications Commission. (Jones, David) (Entered: 08/26/2011) |
| 2011-08-26 | 14 | DECLARATION of Nese B. Guendelsberger in Opposition re: 4 Order to Show Cause, Set Hearings,,,,,,. Document filed by Federal Communications Commission. (Jones, David) (Entered: 08/26/2011) |
| 2011-08-26 | 15 | MOTION to Intervene. Document filed by T-Mobile USA, Inc..(McBride, Andrew) (Entered: 08/26/2011) |
| 2011-08-26 | 16 | MEMORANDUM OF LAW in Support re: 15 MOTION to Intervene.. Document filed by T-Mobile USA, Inc.. (McBride, Andrew) (Entered: 08/26/2011) |
| 2011-08-26 | 17 | NOTICE OF APPEARANCE by Andrew G. McBride on behalf of T-Mobile USA, Inc. (McBride, Andrew) (Entered: 08/26/2011) |
| 2011-08-26 | 18 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying T-Mobile Global Holding GmbH; T-Mobile Global Zwischenholding GmbH; Deutsche Telekom AG as Corporate Parent. Document filed by T-Mobile USA, Inc..(McBride, Andrew) (Entered: 08/26/2011) |
| 2011-08-26 | 19 | ANSWER to 1 Complaint. Document filed by T-Mobile USA, Inc..(McBride, Andrew) (Entered: 08/26/2011) |
| 2011-08-26 | 20 | RESPONSE TO ORDER TO SHOW CAUSE re: 4 Order to Show Cause, Set Hearings,,,,,,. Document filed by T-Mobile USA, Inc.. (McBride, Andrew) (Entered: 08/26/2011) |
| 2011-08-26 | 21 | RESPONSE TO ORDER TO SHOW CAUSE re: 4 Order to Show Cause, Set Hearings,,,,,,. Document filed by T-Mobile USA, Inc.. (Attachments: # 1 Exhibit Declaration of Cole Brodman)(McBride, Andrew) (Entered: 08/26/2011) |
| 2011-08-26 | 22 | NOTICE OF APPEARANCE by Steven M. Bierman on behalf of AT&T Mobility LLC (Bierman, Steven) (Entered: 08/26/2011) |
| 2011-08-26 | 23 | MOTION to Intervene. Document filed by AT&T Mobility LLC.(Bierman, Steven) (Entered: 08/26/2011) |
| 2011-08-26 | 24 | MEMORANDUM OF LAW in Support re: 23 MOTION to Intervene.. Document filed by AT&T Mobility LLC. (Bierman, Steven) (Entered: 08/26/2011) |
| 2011-08-26 | 25 | DECLARATION of Steven M. Bierman in Support re: 23 MOTION to Intervene.. Document filed by AT&T Mobility LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Bierman, Steven) (Entered: 08/26/2011) |
| 2011-08-26 | 26 | DECLARATION of Andrew Wilson in Support re: 23 MOTION to Intervene.. Document filed by AT&T Mobility LLC. (Bierman, Steven) (Entered: 08/26/2011) |
| 2011-08-26 | 27 | DECLARATION of Allan Shampine in Support re: 23 MOTION to Intervene.. Document filed by AT&T Mobility LLC. (Bierman, Steven) (Entered: 08/26/2011) |
| 2011-08-26 | 28 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying AT&T Inc. as Corporate Parent. Document filed by AT&T Mobility LLC.(Bierman, Steven) (Entered: 08/26/2011) |
| 2011-08-26 | 29 | OPPOSITION BRIEF re: 4 Order to Show Cause, Set Hearings,,,,,, Order to Show Cause, Set Hearings,,,,,, Opposing Plaintiff's Motion for Preliminary Injunction by Order to Show Cause . Document filed by AT&T Mobility LLC.(Bierman, Steven) (Entered: 08/26/2011) |
| 2011-08-26 | 30 | FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #35) - DECLARATION of Steven M. Bierman in Opposition re: 3 MOTION to Compel Preparation of a Vaughn Index .. Document filed by AT&T Mobility LLC. (Attachments: # 1 A, # 2 B, # 3 C, # 4 D, # 5 E, # 6 F, # 7 G, # 8 H, # 9 I)(Bierman, Steven) Modified on 9/1/2011 (lb). (Entered: 08/26/2011) |
| 2011-08-26 | 31 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE DOCUMENT #32) - MEMORANDUM OF LAW in Opposition re: 3 MOTION to Compel Preparation of a Vaughn Index . Document filed by AT&T Mobility LLC. (Bierman, Steven) Modified on 8/29/2011 (ldi). (Entered: 08/26/2011) |
| 2011-08-26 | 32 | FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #36) - DECLARATION of Allan Shampine in Opposition re: 3 MOTION to Compel Preparation of a Vaughn Index .. Document filed by AT&T Mobility LLC. (Bierman, Steven) Modified on 9/1/2011 (lb). (Entered: 08/26/2011) |
| 2011-08-26 | 33 | FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #37) - DECLARATION of Andrew Wilson in Opposition re: 3 MOTION to Compel Preparation of a Vaughn Index .. Document filed by AT&T Mobility LLC. (Bierman, Steven) Modified on 9/1/2011 (lb). (Entered: 08/26/2011) |
| 2011-08-26 | 34 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of Notice to Judge Lewis Kaplan re: 23 MOTION to Intervene. Document filed by AT&T Mobility LLC. (Bierman, Steven) Modified on 8/29/2011 (ldi). (Entered: 08/26/2011) |
| 2011-08-26 | | ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 34 HAS BEEN REJECTED. Note to Attorney Steven M. Bierman : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi) (Entered: 08/29/2011) |
| 2011-08-29 | 35 | DECLARATION of Steven M. Bierman in Opposition. Document filed by AT&T Mobility LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Bierman, Steven) (Entered: 08/29/2011) |
| 2011-08-29 | 36 | DECLARATION of Allan L. Shampine in Opposition re: 4 Order to Show Cause, Set Hearings,,,,,,. Document filed by AT&T Mobility LLC. (Bierman, Steven) (Entered: 08/29/2011) |
| 2011-08-29 | 37 | DECLARATION of Andrew Wilson in Opposition re: 4 Order to Show Cause, Set Hearings,,,,,,. Document filed by AT&T Mobility LLC. (Bierman, Steven) (Entered: 08/29/2011) |
| 2011-08-30 | 38 | NOTICE OF APPEARANCE by John J. Kuster on behalf of AT&T Mobility LLC (Kuster, John) (Entered: 08/30/2011) |
| 2011-09-01 | 39 | MOTION for Joshua S. Turner to Appear Pro Hac Vice. Document filed by T-Mobile USA, Inc.(pgu) (Entered: 09/02/2011) |
| 2011-09-02 | 40 | ORDER TO SHOW CAUSE Plaintiff shall show cause as to why an order should not be made and entered pursuant to Rules 24(a)(2) and 24(b) od the Federal Rules of Civil Procedure, permitting AT&T to intervene in this action. Show Cause Hearing set for 9/8/2011 at 09:30 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan. Show Cause Response due by 9/7/2011. ENDORSEMENT: It is further ordered that a copy of this order shall be served by electronic mail no later than 4:00 p.m. on September 2, 2011 and by hand upon Plaintiffs Counsel no later than 10:00 a.m. on September 3, 2011. So Ordered (Signed by Judge Richard J. Sullivan, Part I on 9/2/2011) (js) (Entered: 09/02/2011) |
| 2011-09-02 | | Set/Reset Deadlines: Replies due by 9/7/2011. (js) (Entered: 09/02/2011) |
| 2011-09-02 | 41 | CERTIFICATE OF SERVICE of Order to Show Cause, (ii) Declaration of John J. Kuster in Support of AT&T Mobility LLCs Order to Show Cause, (iii) August 26, 2011 Letter to Judge Kaplan, (iv) Notice of Motion, (v) Memorandum of Law in Support of AT&T Mobility LLCs Motion to Intervene, (vi) Declaration of Steven M. Bierman in Support of AT&T Mobility LLCs Motion to Intervene with exhibits thereto, (vii) Declaration of Andrew Wilson, and (viii) Declaration of Allan Shampine, served on Joseph Ignatius Marchese on 09/02/2011. Service was accepted by Olive Alston, Office Manager. Document filed by AT&T Mobility LLC. (Kuster, John) (Entered: 09/02/2011) |
| 2011-09-06 | 42 | RESPONSE to Motion re: 23 MOTION to Intervene.. Document filed by Bursor & Fisher, P.A.. (Attachments: # 1 Exhibit)(Marchese, Joseph) (Entered: 09/06/2011) |
| 2011-09-07 | 43 | REPLY MEMORANDUM OF LAW in Support re: 23 MOTION to Intervene.. Document filed by AT&T Mobility LLC. (Bierman, Steven) (Entered: 09/07/2011) |
| 2011-09-07 | 44 | CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of AT&T Mobility LLCs Motion to Intervene served on Joseph I. Marchese on 09-07-2011. Document filed by AT&T Mobility LLC. (Bierman, Steven) (Entered: 09/07/2011) |
| 2011-09-08 | 45 | ORDER denying 3 Motion to Compel Preparation of a Vaughn Index. ENDORSEMENT: As this case involves a single document already produced in redacted form, motion denied. (Signed by Judge Lewis A. Kaplan on 9/8/2011) (lmb) (Entered: 09/08/2011) |
| 2011-09-08 | 46 | ORDER granting 23 Motion to Intervene. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 9/8/2011) (lmb) (Entered: 09/08/2011) |
| 2011-09-08 | 47 | ORDER granting 15 Motion to Intervene. 1. Plaintiff's motion for a preliminary injunction [DI 4] is denied for the reasons stated on the record in open court, which constitute the Court's findings of fact and conclusions of law. 2. The motion to intervene of T-Mobile USA, Inc. [DI 15] is granted. (Signed by Judge Lewis A. Kaplan on 9/8/2011) (lmb) (Entered: 09/08/2011) |
| 2011-09-08 | 48 | ENDORSED LETTER addressed to Judge Lewis A. Kaplan from David S. Jones dated 9/6/2011 re: I write respectfully for two reasons: first, to inform the Court of a development in the FCC's review of the proposed ATT/T-Mobile merger that occurred since this Office filed its opposition to plaintiff's preliminary injunction motion; and second, to request an extension of the FCC's time to respond to plaintiff's "Motion to Compel Preparation of a Vaughn Index" until two weeks after the Court rules on the FCC's anticipated motion to dismiss the complaint, or, if the FCC does not file such a motion, until two weeks after the FCC files an answer. ENDORSEMENT: As the motion for a Vaughn index has been denied, this application is moot. (Signed by Judge Lewis A. Kaplan on 9/8/2011) (lmb) (Entered: 09/08/2011) |
| 2011-09-08 | 52 | MEMO ENDORSEMENT on 3 MOTION to Compel Preparation of a Vaughn Index : As this case involves a single document already produced in redacted form, Motion denied. So Ordered. (Signed by Judge Lewis A. Kaplan on 9/8/2011) (rdz) (Entered: 09/15/2011) |
| 2011-09-08 | | Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference held on 9/8/2011. (ft) (Entered: 09/20/2011) |
| 2011-09-09 | 49 | MEMO ENDORSEMENT on 39 Motion for Joshua S. Turner to Appear Pro Hac Vice as counsel for T-Mobile USA, Inc.: Granted. (Signed by Judge Lewis A. Kaplan on 9/8/2011) (ab) (Entered: 09/09/2011) |
| 2011-09-14 | 50 | TRANSCRIPT of Proceedings re: MOTION held on 9/8/2011 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/10/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/16/2011.(McGuirk, Kelly) (Entered: 09/14/2011) |
| 2011-09-14 | 51 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 9/8/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 09/14/2011) |
| 2011-09-19 | 53 | MOTION to Dismiss Notice of motion of defendant FCC to dismiss the complaint . Document filed by Federal Communications Commission. Responses due by 10/3/2011(Jones, David) (Entered: 09/19/2011) |
| 2011-09-19 | 54 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum of Law of FCC in support of motion to dismiss complaint . Document filed by Federal Communications Commission. Responses due by 10/3/2011(Jones, David) Modified on 9/19/2011 (db). (Entered: 09/19/2011) |
| 2011-09-19 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney David Stuart Jones to RE-FILE Document 54 MOTION to Dismiss Memorandum of Law of FCC in support of motion to dismiss complaint . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) (Entered: 09/19/2011) |
| 2011-09-19 | 55 | MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss Notice of motion of defendant FCC to dismiss the complaint .. Document filed by Federal Communications Commission. (Jones, David) (Entered: 09/19/2011) |
| 2011-09-29 | | CASHIERS OFFICE REMARK on 39 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 09/02/2011, Receipt Number 1015538. (jd) (Entered: 09/29/2011) |
| 2011-10-03 | 56 | DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Federal Communications Commission. Document filed by Bursor & Fisher, P.A.. (Marchese, Joseph) Modified on 10/4/2011 (dt). (Entered: 10/03/2011) |
| 2011-10-04 | | ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Joseph Marchese Document 56 Notice of Voluntary Dismissal, was referred to Judge Lewis A. Kaplan for approval. (dt) (Entered: 10/04/2011) |
| 2011-10-04 | 57 | NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Lewis A. Kaplan is no longer assigned to the case. (pgu) (Entered: 10/04/2011) |
| 2011-10-20 | 58 | NOTICE OF VOLUNTARY DISMISSAL: PLEASE TAKE NOTICE THAT, pursuant to Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff hereby dismisses this action without prejudice. (Signed by Judge Lewis A. Kaplan on 10/11/2011) (djc) (Entered: 10/20/2011) |
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