CenturyTel of Chatham L L C et al v. Sprint Communications Company L P

Filing 37

JUDGMENT ADOPTING Report and Recommendation of the Magistrate Judge 28 and for the additional reasons stated in this Court's Ruling 36 , IT IS ORDERED, ADJUDGED, AND DECREED that Defendant's Motion to Dismiss Count II and Refer the Other Counts to the Federal Communications Commission 11 is GRANTED, and Count II of Plaintiffs' Complaint is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that this case is STAYED, and the remaining counts in Plaintiffs' Complaint are refe rred to the Federal Communications Commission ("FCC"). After one year from the date of this Court's Ruling, if any party is not satisfied that the FCC has made substantial progress toward deciding the matter, the party may file a motion to vacate the stay with this Court. IT IS FURTHER ORDERED that Plaintiffs' request for oral argument as construed as a Motion for Hearing 29 is DENIED. Signed by Chief Judge Robert G James on 1/24/11. (crt,DickersonSld, D)

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