LINE SYSTEMS, INC. v. SPRINT NEXTEL CORPORATION

Filing 31

ORDER THAT SPRINT NEXTEL CORPORATION'S MOTION TO DISMISS THE COMPLAINT OF LINE SYSTEMS, INC ARE DISMISSED. DEFENDANT'S MOTION IS DENIED IN ALL OTHER RESPECTS. PLAINTIFF IS GRANTED LEAVE TO AMEND ITS CLAIM FOR VIOLATION OF 47 U.S.C.&201; ETC.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 7/24/12. 7/24/12 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LINE SYSTEMS, INC
v.
SPRINT NEXTEL CORPORATION

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CIVIL ACTION
NO. 11-6527

ORDER
AND NOW, this 24th day of July, 2012, upon consideration of Sprint Nextel
Corporation’s motion to dismiss the Complaint of Line Systems, Inc. and the parties’ responses,
it is ORDERED that:
1)

plaintiff’s claims for violations of 47 U.S.C. §§ 201 and 203 and account stated
are DISMISSED;

2)

defendant’s motion is DENIED in all other respects;

3)

plaintiff is granted leave to amend its claim for violation of 47 U.S.C. § 201;

4)

the stay of discovery pursuant to the Court’s May 8, 2012 Order is lifted; and

5)

within fourteen days of the date of this Order:
a)

plaintiff may file an amended complaint;

b)

the parties shall submit to the Court a stipulation to substitute defendants
in accordance with plaintiff’s response in opposition to defendant’s motion
to dismiss (Dkt. No. 21); and

c)

the parties shall agree to a discovery schedule and submit same to the
Court.

If the parties believe a settlement conference would be productive they should contact my
chambers (215-597-2750) promptly.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.