SPRINT NEXTEL CORPORATION v. AT&T, INC. et al

Filing 29

ORDER granting in part and denying in part 16 defendants' Motion to Dismiss for the reasons stated in 28 the accompanying Memorandum Opinion. Signed by Judge Ellen S. Huvelle on November 2, 2011. (lcesh1)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
SPRINT NEXTEL CORP.
)
)
Plaintiff,
)
)
v.
) Civil Action No. 11-1600 (ESH)
)
AT&T INC., et al.,
)
)
Defendants.
)
__________________________________________)
ORDER
Upon consideration of defendants’ Motion to Dismiss [Dkt. No. 16], plaintiff’s
Opposition [Dkt. No. 26], defendants’ Reply [Dkt. No. 27], and the arguments before the Court
on October 24, 2011, for the reasons stated in the accompanying Memorandum Opinion, it is
hereby
ORDERED that defendants’ Motion to Dismiss is GRANTED in part and DENIED in
part; it is further
ORDERED that defendants’ motion is DENIED insofar as it challenges plaintiff’s
claims to antitrust injury with regard to the proposed acquisition’s effects on the market for
mobile wireless devices; it is further
ORDERED that defendants’ motion is GRANTED as to all other claims; it is further
ORDERED that, in addition to complying with the forthcoming order regarding an
Initial Scheduling Conference set for December 9, 2011, at 9:30 a.m., the parties shall jointly
propose a protective order that will govern this case; and it is further
ORDERED that the parties shall confer as to whether they will agree to refer discovery
matters to a special master as has been done in United States v. AT&T, No. 11-cv-1560 (D.D.C.

Oct. 7, 2011) [Dkt. No. 46], and if so, they shall propose a referral order for the Court’s
signature.
SO ORDERED.
/s/
ELLEN SEGAL HUVELLE
United States District Judge
Date: November 2, 2011