Sprint Communications Company L.P. v. Missouri Network Alliance, Inc.

Filing 19

ORDER FOR PRIMARY JURISDICTION REFERRAL AND STAY. Signed on 10/18/2017 by Chief District Judge Greg Kays. (Strodtman, Tracy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
SPRINT COMMUNICATIONS COMPANY
L.P.,
Plaintiff,
v.
MISSOURI NETWORK ALLIANCE, LLC,
Defendant.

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No. 4:17-CV-00597-DGK

ORDER FOR PRIMARY JURISDICTION REFERRAL AND STAY
Having reviewed (1) the parties’ joint motion for a primary jurisdiction referral and a
stay, and (2) the relevant law and facts, it is, for the substantially the reasons set forth in the
parties’ briefing, it is hereby:
ORDERED that the Court refers to the Federal Communications Commission (“FCC”)
the following issue, pursuant to the doctrine of primary jurisdiction: “whether the charges
Plaintiff was assessed under Defendant’s interstate tariffs are lawful under the FCC’s rules”; and
it is further
ORDERED that, pending resolution of that primary jurisdiction referral, this case is
stayed; and it is further
ORDERED that, within thirty days of the date that the FCC resolves the primary
jurisdiction referral, the parties are directed to inform the Court in writing as to whether they
intend to proceed with the present action.
IT IS SO ORDERED.
Date: October 18, 2017

/s/ Greg Kays
GREG KAYS, CHIEF JUDGE
UNITED STATES DISTRICT COURT