Verizon is seeking a deadline extension to respond to the Oct. 17 motion of seven Belmar, New Jersey, residents to dismiss Verizon’s complaint to force Monmouth County, New Jersey, to approve the carrier’s application to install nine small wireless facilities in the public rights of way (see 2310180031). Verizon’s counsel, Edward Purcell of Price Meese, asked U.S. District Judge Michael Shipp for New Jersey in Trenton for the extension in a letter Monday (docket 3:23-cv-18091).
For more than 20 years, plaintiffs Best Payphones, Northeastern Telecom and Paramount Financial Recovery contended that the payphone service rates that defendant Verizon charged between 1997 and 2006 didn’t comply with FCC regulations, said Verizon and co-defendant MetTel in their memorandum of law Monday (docket 1:23-cv-04935) in U.S. District Court for Southern New York in Manhattan in support of their motion to dismiss the complaint. The claims lack merit and are time barred, it said.
The class-action allegations of 38 AirTag user plaintiffs are “a misplaced effort to hold Apple legally responsible for third parties’ intentional misuse of its AirTag product” to track the plaintiffs or their family members without their consent, said Apple’s memorandum of points and authorities Friday (docket 3:22-cv-07668) in U.S. District Court for Northern California in San Francisco in support of its motion to dismiss the Oct. 6 first amended complaint.
U.S. District Judge Timothy Brooks for Arkansas in Fayetteville should vacate his Nov. 21 deadline for initial disclosures in NetChoice’s constitutional challenge to SB-396, the Arkansas age-verification Social Media Safety Act, and stay discovery in the case, pending resolution of NetChoice’s forthcoming dispositive motion, said NetChoice’s brief Friday (docket 5:23-cv-05105) in support of its motion to stay.
The U.S. Supreme Court “admonished” in its 1979 decision in Califano v. Yamasaki that "injunctive relief should be no more burdensome to the defendant than necessary to provide complete relief to the plaintiffs,” said the International Center for Law & Economics (ICLE) in an amicus brief Friday (docket 23-344) in support of Apple’s Sept. 28 cert petition against Epic Games (see 2310030002). The nationwide injunction issued against Apple in the case, which applies to millions of nonparty app developers, can’t be “reconciled with that principle,” said ICLE, a research and policy nonprofit.
Though the respondent plaintiffs in the U.S. Supreme Court review of the social media injunction against the White House and four federal agencies “primarily assert their claims as censored speakers,” the plaintiffs in Kennedy v. Biden “assert the First Amendment claims of social media viewers and listeners all over the country,” said their motion to intervene Thursday (docket 23-411) in that SCOTUS review on behalf of the respondents (see 2310260070). The Kennedy plaintiffs also seek leave to file a brief in opposition to the government’s arguments to defeat the injunction.
The U.S. District Court for Northern California didn’t err by granting summary judgment to Telephone Consumer Protection Act plaintiffs True Health Chiropractic and McLaughin Chiropractic Associates for collectively receiving 13 unsolicited fax ads from McKesson promoting medical software products, said a 9th U.S. Circuit Court of Appeals panel's memorandum Wednesday (docket 22-15732). The district court properly held that McKesson failed to show that the plaintiffs consented to receive faxed ads, it said.
U.S. Magistrate Judge Mustafa Kasubhai for Oregon in Eugene denied plaintiff AT&T’s motion for summary judgment against Lane County, Oregon, but granted the county’s motion for summary judgment against AT&T, said the judge’s signed opinion and order Wednesday (docket 6:22-cv-01635). In dismissing AT&T’s case, the judge held that the carrier failed to exhaust its remedies under Oregon’s administrative land use process.
U.S. District Judge Cathy Seibel for Southern New York in White Plains should deny as premature the request of Chestnut Ridge, New York, to move for summary judgment against T-Mobile, Robert Gaudioso of Snyder & Snyder, T-Mobile’s counsel, wrote the judge in a letter Tuesday (docket 7:23-cv-05852).
NetChoice believes its court challenge to SB-396, the Arkansas age-verification Social Media Safety Act, “is appropriate for resolution as a matter of law,” and it therefore “intends to file an early dispositive motion” to that effect, said its position statement in a joint Rule 26(f) report Monday (docket 5:23-cv-05105) in U.S. District Court for Western Arkansas in Fayetteville.