AT&T CORP. et al v. CORE COMMUNICATIONS, INC. et al

Filing 48

ORDER THAT PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION IS GRANTED, PURSUANT TO FED.R.CIV.P. 65 (a)(2), THE COURT CONSOLIDATES THE ORAL ARGUMENT WITH A HEARING ON THE MERITS IN THIS CASE. THE DEFENDANTS ARE PERMANENTLY ENJOINED FROM ENFORCING THE PPUC'S 12/5/12 ORDER AND AUGUST 8/15/13. THE PLAINTIFF IS NOT OBLIGATED TO MAKE ANY PAYMENTS UNDER THE TERMS OF THE PPUC ORDERS; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 1/30/14. 1/31/14 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AT&T CORP., et al.
v.
CORE COMMUNICATIONS, INC.,
et al.

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CIVIL ACTION

NO. 12-7157

ORDER
AND NOW, this 30th day of January, 2014, upon
consideration of the plaintiff’s Motion for Preliminary
Injunction (Doc. No. 20), the oppositions and reply thereto, and
following an oral argument held on October 1, 2013, and whereas
the parties agreed during oral argument that the record was
complete and the Court could proceed to decide the case on the
merits, IT IS HEREBY ORDERED that:
1.

Pursuant to Fed. R. Civ. P. 65(a)(2), the Court

consolidates the oral argument with a hearing on the merits in
this case;
2.

The Pennsylvania Public Utility Commission

(“PPUC”) lacked jurisdiction to issue its December 5, 2012
Opinion and Order (“December 5, 2012 Order”) and August 15, 2013
Opinion and Order on Reconsideration (“August 15, 2013 Order”),
which ordered AT&T to pay Core Communications, Inc. in the
amount of $254,029.89, the rate of $0.0007/MOU for the traffic
at issue in this case; and

3.

The defendants are permanently enjoined from

enforcing the PPUC’s December 5, 2012 Order and August 15, 2013
Order.

The plaintiff is not obligated to make any payments

under the terms of the PPUC Orders.

BY THE COURT:

/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.