Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

LLC v. Illinois Bell Telephone Co.

United States District Court, E.D. Missouri, Eastern Division

July 24, 2017

LEVEL 3 COMMUNICATIONS, LLC, et al., Plaintiffs,
v.
ILLINOIS BELL TELEPHONE COMPANY, et al., Defendants.

          MEMORANDUM AND ORDER

          CAROL E. JACKSON UNITED STATES DISTRICT JUDGE

         This matter is before the Court on defendants' motion for reconsideration and/or clarification of the April 10, 2017 order pertaining to the parties' cross motions for summary judgment on Phase I issues. Plaintiffs have responded in opposition and the issues are fully briefed.

         I. Background

         In a Memorandum and Order filed on April 10, 2017, the Court granted in part and denied in part the parties' cross motions for summary judgment on Phase I issues arising from plaintiffs' allegations that defendants breached interconnection agreements (“ICAs”) and violated the Telecommunications Act of 1966. In the instant motion, defendants' request reconsideration of whether 47 U.S.C. § 415 can be tolled by private agreement as a matter of law and seek clarification of the Court's conclusion that the Level 3 and Broadwing Texas ICAs required those plaintiffs to bring their claims within 12 months of the Supreme Court's decision in Talk America, Inc. v. Michigan Bell Tel. Co., 564 U.S. 50, 63, 131 S.Ct. 2254, 2263, 180 L.Ed.2d 96 (2011).

         II. Legal Standard

         A district court has “the inherent power to reconsider and modify an interlocutory order any time prior to the entry of judgment.” K.C. 1986 Ltd. P'ship v. Reade Mfg., 472 F.3d 1009, 1017 (8th Cir. 2007) (internal quotation marks and citation omitted). And although the Federal Rules of Civil Procedure do not expressly provide for motions to reconsider, Rule 54(b) encompasses the power to revise an interlocutory order any time prior to the entry of final judgment. See Thunder Basin Coal Co., L.L.C. v. Zurich Am. Ins. Co., 2013 WL 6410012, at *1 (E.D. Mo. Dec. 9, 2013); Trickey v. Kaman Indus. Techs. Corp., 2011 WL 2118578, at * 1-2 (E.D. Mo. May 26, 2011); Jiang v. Porter, 2016 WL 193388, at *1 (E.D. Mo. Jan. 15, 2016) (applying Rule 54(b) to a motion to reconsider the denial of a motion to dismiss). Specifically, Rule 54(b) states that:

[A]ny order . . . that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities.
Fed. R. Civ. P. 54(b).

         “‘The exact standard applicable to the granting of a motion under Rule 54(b) is not clear, though it is typically held to be less exacting than would be a motion under Federal Rule of Civil Procedure 59(e), which is in turn less exacting than the standards enunciated in Federal Rule of Civil [P]rocedure 60(b).'” Painters Dist. Council No. 58 v. RDB Universal Servs., LLC, No. 4:14-CV-01812 (ERW), 2016 WL 4368098, at *2 (E.D. Mo. Aug. 16, 2016) (quoting Wells' Dairy, Inc. v. Travelers Indem. Co. of Ill., 336 F.Supp.2d 906, 909 (N.D. Iowa 2004)). Furthermore, the provision affords district courts “substantial discretion” to reconsider prior interlocutory orders. Robinson Mech. Contractors Inc. v. PTC Grp. Holding Corp., No. 1:15-CV-77 (SNLJ), 2017 WL 386541, at *2 (E.D. Mo. Jan. 27, 2017).

         Under Rule 54(b), a court may reconsider an interlocutory order to “‘correct any clearly or manifestly erroneous findings of fact or conclusions of law.'” Bancorp Servs., L.L.C. v. Sun Life Assurance Co. of Canada, No. 4:00-CV-1073 (CEJ), 2011 WL 1599550, at *1 (E.D. Mo. Apr. 27, 2011) (quoting Jones v. Casey's Gen. Stores, 551 F.Supp.2d 848, 854 (S.D. Iowa 2008)); see Hagerman v. Yukon Energy Corp., 839 F.2d 407, 414 (8th Cir. 1988). In particular, a motion to reconsider may be granted if the earlier decision “(1) misunderstood a party, (2) made a decision outside of the adversarial issues, or (3) would be rendered incorrect because of a ‘controlling or significant change in law' since the issues were submitted to the Court.'” Trickey, 2011 WL 2118578, at *2 (quoting Westinghouse Elec. Co. v. United States, No. 4:03-CV-861, 2009 WL 881605, at *4 (E.D. Mo. Mar. 30, 2009)); see also Pet Quarters, Inc. v. Ladenburg Thalmann and Co., Inc., No. 4:04-CV-00697-BRW, 2011 WL 1135902, at *1 (E.D. Ark. Mar. 28, 2011) (reasoning that an “intervening change in the controlling law is a recognized ground for granting a motion for reconsideration”).

         A motion to reconsider under Rule 54(b), however, is “not a vehicle to identify facts or legal arguments that could have been, but were not, raised at the time the relevant motion was pending.” Julianello v. K-V- Pharm. Co., 791 F.3d 915, 923 (8th Cir. 2015); see also Evans v. Contract Callers, Inc., No. 4:10-CV-2358 (FRB), 2012 WL 234653, at *2 (E.D. Mo. Jan. 25, 2012) (“Although the Court has the power to revisit prior decisions of its own . . . in any circumstance, [it] should be loathe to do so in the absence of extraordinary circumstances such as where the initial decision was clearly erroneous and would work a manifest injustice.” (internal quotation marks and citation omitted; formatting in original)). Finally, “when evaluating whether to grant a motion to reconsider, the Court also has an interest in judicial economy and ensuring respect for the finality of its decisions, values which would be undermined if it were to routinely reconsider its interlocutory orders.” Trickey, 2011 WL 2118578, at *2 (citing Disc. Tobacco Warehouse, Inc. v. Briggs Tobacco and Specialty Co., No. 3:09-CV-5078 (DGK), 2010 WL 3522476, at *1 (W.D. Mo. Sept. 2, 2010)).

         III. Discussion

         Defendants' request reconsideration and/or clarification on two points: (1) whether as a matter of law 47 U.S.C. § 415 can be tolled by private agreement, and (2) the Court's conclusion that the Level 3 and Broadwing Texas ICAs required those plaintiffs to bring their claims within 12 months of the Supreme Court's decision in Talk America.

         A. Application of 47 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.