AT&T Wireless PCS, et al v. Virginia Bch Council

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:97-cv-00391-RAJ
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Parties
AT&T, Inc. AT&T, Inc., Plaintiff
Officially listed as "AT&T Wireless PCS, Inc."
NCR Corporation Officer/Director, NCR Corporation
Officer/Director, Net2phone, Inc.
Officer/Director, Time Warner Telecom Inc.
Officer/Director, Mail.com, Inc.
Officer/Director, At Home Corp
Officer/Director, Interactive Network Inc /ca

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Edward Bourdon +1 804 499 8971

Represented by McGuireWoods LLP

Represented by Patten Wornom Hatten & Diamonstein, LC

Name Phone Fax E-Mail
Space Douglas Edwin Miller +1 757 223 4500 dmiller@pwhd.com

Represented by Taylor & Walker PC

Name Phone Fax E-Mail
Space Fred Bradford Stillman +1 757 625 7300
No Logo Lynnhaven United Methodist Church, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Edward Bourdon +1 804 499 8971

Represented by McGuireWoods LLP

Represented by Patten Wornom Hatten & Diamonstein, LC

Name Phone Fax E-Mail
Space Douglas Edwin Miller +1 757 223 4500 dmiller@pwhd.com

Represented by Taylor & Walker PC

Name Phone Fax E-Mail
Space Fred Bradford Stillman +1 757 625 7300
No Logo Primeco Personal Communications LP, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Edward Bourdon +1 804 499 8971

Represented by McGuireWoods LLP

Represented by Patten Wornom Hatten & Diamonstein, LC

Name Phone Fax E-Mail
Space Douglas Edwin Miller +1 757 223 4500 dmiller@pwhd.com

Represented by Taylor & Walker PC

Name Phone Fax E-Mail
Space Fred Bradford Stillman +1 757 625 7300
v.
No Logo City Council of the City of Virginia Beach, Defendant

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space William Matthew MacAli +1 757 427 4531

Represented by Sykes Bourdon Ahern & Levy, PC

Name Phone Fax E-Mail
Space Lawrence Steven Emmert +1 757 499 8971 emmert@virginia-appeals.com
Attributes
Office Norfolk
Filed 4/23/1997
Jury Demand None
Demand $0
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 47 U.S.C. § 605 Violation of Federal Communications Act
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Virginia Beach City
Terminated 9/30/1997
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Cases 97-2389[], 97-2513[]
Def Custody Status
Flag CLOSED
Timeline
  Entries (45) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 26 Filed: 11/4/1998, Entered: 11/6/1998 USCA Order
Copy of USCA Order awarding the appellant/cross-appellee awards of $1,066.10 in costs. (clerk)
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Blank -- Filed: 10/9/1998, Entered: 10/13/1998 Appeal Record Returned
Record on Appeal returned from U.S. Court of Appeals: [19-1] appeal, [15-1] appeal (clerk)
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Blank 25 Filed: 10/8/1998, Entered: 10/8/1998 USCA Judgment
JUDGMENT OF USCA reversing the district court and order summary judgment in favor of the City Council on the claims involving subsection (B)(i)(I) and section (B)(III), and affirming the district court's grant of summary judgment in favor of the City Council on the claim involving subsection (B)(i)(II) (certified copy) Re: [19-1] appeal by Primeco Personal, AT&T Wireless PCS, [15-1] appeal by Virginia Bch Council (clerk)
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Blank 24 Filed: 10/8/1998, Entered: 10/8/1998 USCA Mandate
Opinion of USCA re: [19-1] appeal by Primeco Personal, AT&T Wireless PCS, [15-1] appeal by Virginia Bch Council (clerk)
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Blank 23 Filed: 10/6/1998, Entered: 10/7/1998 USCA Order
Copy of USCA Order denying the petition for reharing and suggestion for rehearing in banc. (clerk)
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Blank 22 Filed: 9/3/1998, Entered: 9/8/1998 USCA Mandate
Opinion of USCA re: [19-1] appeal by Primeco Personal, AT&T Wireless PCS, [15-1] appeal by Virginia Bch Council (clerk)
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Blank -- Filed: 6/1/1998, Entered: 6/1/1998 Initial Paper Record Transmitted to 4CCA
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [19-1] appeal by Primeco Personal, AT&T Wireless PCS, [15-1] appeal by Virginia Bch Council (Expedited per USCA telephone request on June 1, l998) (clerk)
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Blank -- Filed: 12/16/1997, Entered: 12/16/1997 Certificate of Completion
Certification of completion sent to USCA re: [19-1] appeal by Primeco Personal, AT&T Wireless PCS, [15-1] appeal by Virginia Bch Council (clerk)
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Blank 21 Filed: 12/9/1997, Entered: 12/10/1997 Transcript
TRANSCRIPT OF PROCEEDINGS for dates of 9/9/97 (clerk)
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Blank 20 Filed: 11/10/1997, Entered: 11/13/1997 USCA Order
USCA Order directing that the Appeal No. 97-2389 and Cross-Appeal No. 97-2513 are consolidated for purposes of briefing and oral argument. (clerk)
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Blank -- Filed: 11/10/1997, Entered: 11/13/1997 USCA Case Number
USCA Case Number Re: [15-1] appeal by Virginia Bch Council CASE MANAGER: Merlene Smith-Taylor USCA NUMBER: 97-2389 (clerk)
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Blank -- Filed: 11/10/1997, Entered: 11/13/1997 USCA Case Number
USCA Case Number Re: [19-1] appeal by Primeco Personal, AT&T Wireless PCS CASE MANAGER: Merlene Smith-Taylor USCA NUMBER: 97-2513. Consolidated with No. 97-2389 XAP. (clerk)
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Blank -- Filed: 10/31/1997, Entered: 10/31/1997 Docket Annotation
Copy of Notice of Cross Appeal and docket entries to USCA; copy of notice of cross appeal to counsel. (clerk)
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Blank -- Filed: 10/31/1997, Entered: 10/31/1997 USCA Appeal Fees
USCA appeal fees received $ 105.00 Receipt # 15312 (clerk)
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Blank 19 Filed: 10/27/1997, Entered: 10/31/1997 Notice of Appeal
NOTICE OF APPEAL by AT&T Wireless PCS, Primeco Personal. (clerk)
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Blank 18 Filed: 10/17/1997, Entered: 10/17/1997 Docket Annotation
Copy of Transcript Purchase Order for hearing on motions for summary judgment on 9/9/97 (clerk)
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Blank 17 Filed: 10/14/1997, Entered: 10/15/1997 OrderCourt Filing
ORDER denying [13-1] motion by Virginia Bch Council to Stay, entered and filed 10/14/97 ( signed by Judge Raymond A. Jackson ), Copies Faxed to counsel and 4th Circuit 10/14/97; Copies Mailed: 10/15/97 (arou)
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Blank 16 Filed: 10/10/1997, Entered: 10/10/1997 Memorandum in Opposition
MEMORANDUM by AT&T Wireless PCS, Primeco Personal, Lynnhaven United in opposition to [13-1] motion by Virginia Bch Council to Stay , received. (ariv)
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Blank 15 Filed: 10/7/1997, Entered: 10/9/1997 Notice of Appeal
NOTICE OF APPEAL by Virginia Bch Council. FILING FEE $ 105.00 RECEIPT # 15136 Copies sent to AT&T Wireless PCS, Primeco Personal, Lynnhaven United, Virginia Bch Council (arou)
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Blank 14 Filed: 10/7/1997, Entered: 10/9/1997 Memorandum in Support
MEMORANDUM by Virginia Bch Council in support of [13-1] motion by Virginia Bch Council to Stay, received (arou)
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Blank 13 Filed: 10/7/1997, Entered: 10/9/1997, Terminated: 10/14/1997 Motion to Stay
MOTION by Virginia Bch Council to Stay (arou)
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Blank 12 Filed: 9/30/1997, Entered: 9/30/1997 Judgment*
JUDGMENT on decision by the Court setting forth the above rulings, entered by the Clerk 9/24/97 and filed 9/30/97. O.B. Cert. Copies Mailed: 9/30/97 (ariv)
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Blank -- Filed: 9/30/1997, Entered: 9/30/1997 Disposable Record
Disposable Record (ariv)
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Blank -- Filed: 9/30/1997, Entered: 9/30/1997 Terminated Case
Case closed (ariv)
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Blank -- Filed: 9/30/1997, Entered: 9/30/1997 Case Assigned/Reassigned
CASE assigned to Judge Raymond A. Jackson (ariv)
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Blank 11 Filed: 9/25/1997, Entered: 9/26/1997 OrderCourt Filing
ORDER granting [5-1] motion by AT&T Wireless, Primeco and Lynnhaven United Methodist Church for Summary Judgment with respect to violations under 47 USC 332(c)(7)(B)(i)(I) and 47 USC 322(c)(7)(B)(iii); granting [8-1] motion by Virginia Beach Council for Summary Judgment with respect to alleged violations under 47 USC 332(c)(7)(B)(i)(II); ordering that the decision of the City Council with respect to Item #41941, ordinance upon application of Lynnhaven Methodist Church for a conditional use permit for two monopole communication towers is null and void; ordering that the City Council of the City of Virginia Beach shall approve the application of Lynnhaven United Methodist Church for a conditional use permit for two monopole communications towers, as proposed in its petition submitted to the City Council of the City of Virginia Beach on 3/25/97 and shall grant such conditional use permit within 20 days of the date of this order; The City Council of Virginia Beach shall remove any further impediments to the plaintiffs' lawful construction of the monopole communications towers; denying the request for attorney's fees; (signed by Judge Raymond A. Jackson) Copies Mailed: 9/25/97 (afor)
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Blank -- Filed: 9/9/1997, Entered: 9/9/1997 Minutes-Miscellaneous
Minute entry: HEARING PROCEEDINGS; RAJ, j. Sue Ash, OCR. Counsel appeared. Matter came on for hearing on motions for summary judgment. Argued. Court takes under advisement. (clerk)
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Blank -- Filed: 9/9/1997, Entered: 9/9/1997 Motion Hearing
Motion hearing held re: [8-1] motion by Virginia Bch Council for Summary Judgment by Virginia Bch Council, [5-1] motion by Lynnhaven United, Primeco Personal, AT&T Wireless PCS for Summary Judgment by Lynnhaven United, Primeco Personal, AT&T Wireless PCS (clerk)
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Blank 10 Filed: 9/4/1997, Entered: 9/5/1997 Memorandum in Opposition
MEMORANDUM by AT&T Wireless PCS, Primeco Personal, Lynnhaven United in opposition to [8-1] motion by Virginia Bch Council for Summary Judgment, received (arou)
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Blank 9 Filed: 9/4/1997, Entered: 9/5/1997 Memorandum in Opposition
MEMORANDUM by Virginia Bch Council in opposition to [5-1] motion by Lynnhaven United, Primeco Personal, AT&T Wireless PCS for Summary Judgment, received (arou)
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Blank -- Filed: 9/4/1997, Entered: 9/5/1997 Suspense Deadline
**Suspense 9/9/97 [reply response to memo in opposition] (arou)
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Blank 8 Filed: 8/28/1997, Entered: 9/4/1997 Motion for Summary Judgment
MOTION by Virginia Bch Council for Summary Judgment (see document [7-1] for brief in support (arou)
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Blank 7 Filed: 8/22/1997, Entered: 8/25/1997 Memorandum in Support
MEMORANDUM by Virginia Bch Council in support of [8-1] motion for summary judgment (clerk) Modified on 09/04/1997
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Blank 6 Filed: 8/22/1997, Entered: 8/25/1997 Memorandum in Support
MEMORANDUM by AT&T Wireless PCS, Primeco Personal, Lynnhaven United in support of [5-1] motion by Lynnhaven United, Primeco Personal, AT&T Wireless PCS for Summary Judgment by Lynnhaven United, Primeco Personal, AT&T Wireless PCS, received. (clerk)
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Blank 5 Filed: 8/22/1997, Entered: 8/25/1997, Terminated: 9/25/1997 Motion for Summary Judgment
MOTION by Lynnhaven United, Primeco Personal, AT&T Wireless PCS for Summary Judgment (clerk)
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Blank 4 Filed: 7/16/1997, Entered: 7/18/1997 OrderCourt Filing
ORDER setting Discovery deadline to 8/15/97 ; setting Motion Filing deadline to 8/22/97 ; Reply to Response to Motion deadline 9/4/97 ; parties will appear for oral argument on 9/9/97 at 10:00 a.m.; entered and filed 7/16/97 (signed by Judge John A. MacKenzie) Copies Mailed: 7/16/97 (clerk)
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Blank -- Filed: 7/1/1997, Entered: 7/10/1997 Set/Reset Hearings
Hearing Deadline as to AT&T Wireless PCS, Primeco Personal, Lynnhaven United, Virginia Bch Council set 10:00 a.m. on 9/9/97 (clerk)
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Blank -- Filed: 6/26/1997, Entered: 6/30/1997 Suspense Deadline
**Suspense 7/7/97 - check with Michael re: status of order being circulated setting dates and for date of hearing (afor)
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Blank -- Filed: 6/18/1997, Entered: 6/18/1997 Pretrial Conference - Initial
Initial pretrial conference set at 3:30 p.m. on 7/1/97 (clerk)
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Blank 3 Filed: 6/16/1997, Entered: 6/17/1997 Answer
ANSWER to Complaint by Virginia Bch Council (Attorney William M. Macali, Lawrence Steven Emmert) (clerk)
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Blank -- Filed: 6/16/1997, Entered: 6/17/1997 Docket Annotation
Case referred for initial pretrial conference. (clerk)
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Blank 2 Filed: 5/30/1997, Entered: 6/3/1997 Summons Returned Executed
SUMMONS Returned Executed as to Virginia Bch Council 5/28/97 Answer due on 6/17/97 for Virginia Bch Council (clerk)
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Blank -- Filed: 5/22/1997, Entered: 5/22/1997 Summons Issued
SUMMONS, with 1 copy, issued for Virginia Bch Council and delivered to counsel. Magistrate notice. (clerk)
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Blank -- Filed: 5/12/1997, Entered: 5/12/1997 Suspense Deadline
**Suspense 5/29/97 (clerk)
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Blank 1 Filed: 4/23/1997, Entered: 4/24/1997 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 13880 (clerk)
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