Level 3 Communications LLC et al v. Washington Utilities and Transportation Commission et al

Filing 35

ORDER granting 27 Motion to Stay; Case stayed. Signed by Judge Ronald B. Leighton.(DN)

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[PROPOSED] ORDER TO STAY - Page 1

Judge Ronald B. Leighton

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON LEVEL 3 COMMUNICATIONS, LLC and BROADWING COMMUNICATIONS, LLC Case No.: Plaintiffs, vs. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION; and MARK H. SIDRAN, PATRICK J. OSHIE, and PHILIP B. JONES, in their Official Capacities as Commissioners of the Washington Transportation And Utilities Commission and not as Individuals, ORDER TO STAY NOTED ON MOTION CALENDER: February 13, 2009 C08-5563RBL

Having reviewed Level 3 Communications, LLC's Motion to Stay, and being fully advised, the Court hereby ORDERS that the motion is GRANTED. The Court hereby: (1) Stays the proceeding and suspends the briefing schedule in this matter until

a date following a final order on the merits not subject to further review by a federal court of the issues identified in the case captioned Qwest Corp. v. Level 3, Communications, LLC et al., Docket No. 08-15887, filed in the U.S. Court of Appeals for the Ninth Circuit; and

McDowell & Rackner PC
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(2)

Directs Level 3 to file periodic reports with the Court identifying the status

of this matter in the Ninth Circuit and/or any other federal court.

DATED: this 16th day of March, 2009.

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

A

[PROPOSED] ORDER TO STAY - Page 2

McDowell & Rackner PC
520 S.W. Sixth Avenue, Suite 830 Portland, Oregon 97219 Tel. [phone] / Fax [phone]