Duke Energy Carolinas, LLC v. Frontier Communications of the Carolinas, LLC

Filing 38

ORDER STAYING CASE. Signed by Magistrate Judge Dennis Howell on 07/15/14. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:13cv40
DUKE ENERGY CAROLINAS, LLC,

)
)
Plaintiff,
)
)
v.
)
)
FRONTIER COMMUNICATIONS OF )
THE CAROLINAS, LLC,
)
)
Defendant.
)
___________________________________ )

ORDER

Pending before the Court is the Motion to Transfer [# 23]. Defendant moves
to transfer this case to the United States District Court for the Eastern District of
North Carolina or, in the alternative, to stay this litigation pursuant to the primary
jurisdiction doctrine to allow the Federal Communications Commission to
determine the rate that Plaintiff may charge Defendant for its use of utility poles.
Upon a review of the record, the Court STAYS this case pending a ruling on the
Motion to Transfer [# 23]. If the Court denies the motion[ # 13], then the Court
will enter a Third Amended Pretrial Order in this case to allow the parties
additional time to conduct any discovery and file any motions.

Signed: July 15, 2014