Smith Communications, LLC v. Eureka Springs, Arkansas, The City of

Filing 11

ORDER: The parties shall have 10 days from the date of this order to submit a stipulated written record; plaintiffs shall have 14 days from the date of this order to submit a brief on the issues presented; defendants shall have 14 days thereafter to submit a brief in response thereto; further no reply briefs shall be permitted unless leave of Court is first sought. Signed by Honorable Jimm Larry Hendren on January 12, 2010. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION SMITH COMMUNICATIONS, LLC v. Civil No. 0 9 - 30 8 6 DEFENDANT PLAINTIFF

THE CITY OF EUREKA SPRINGS, ARKANSAS ORDER

Among the claims asserted by the plaintiffs in this action is a claim under the Federal Telecommunications Act based on the defendants' denial of a permit for the construction of a wireless facility for telecommunications services. Pursuant to 47 U.S.C. § 332(c)(7)(B)(v),

this claim is to be reviewed on the written record on an expedited basis. * Accordingly, the Court hereby orders as follows: the parties shall have 10 days from the date of this order to submit a stipulated written record; * plaintiffs shall have 14 days from the date of this order to submit a brief on the issues presented; * defendants shall have 14 days thereafter to submit a brief in response thereto; * no reply briefs shall be permitted unless leave of Court is first sought. IT IS SO ORDERED this 12t h day of January, 2010.

/S/JIMM LARRY HENDREN JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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