Case 3:15-cv CRW-HCA Document 108 Filed 09/12/16 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION

Similar documents
IN THE IOWA SUPREME COURT

ELECTRONICALLY FILED APR 02, 2018 CLERK OF SUPREME COURT

Case 1:17-cv DPG Document 3 Entered on FLSD Docket 08/04/2017 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 3:13-cv SC Document 39 Filed 01/09/14 Page 1 of 5

Case: Document: 6 Filed: 11/03/2016 Pages: 6 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No ) ) ) ) ) ) ) ) ) )

UNOPOSSED PLAINTIFF-APPELLANT S AMENDED MOTION FOR COURT S APPROVAL TO ELECTRONIC FILE CASE DOCUMENTS VIA CM/ECF SYSTEM 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION

) (CV9316, CV9383, CV045760)

Case 0:16-cv WPD Document 29 Entered on FLSD Docket 02/07/2017 Page 1 of 4

No UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT WILLIAM J. PAATALO APPELLANT

United States Court of Appeals For The Eighth Circuit Thomas F. Eagleton U.S. Courthouse 111 South 10th Street, Room St. Louis, Missouri 63102

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT United States Courthouse 219 S Dearborn Street Chicago, Illinois DOCKETING STATEMENT

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: 3:18-cv TMR Doc #: 1 Filed: 11/16/18 Page: 1 of 4 PAGEID #: 1

FILED: NEW YORK COUNTY CLERK 06/21/ :42 AM INDEX NO /2017 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 06/21/2018

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA EASTERN DIVISION ) ) ) ) ) ) ) ) ) INTRODUCTION

IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

LegalFormsForTexas.Com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231

Case 7:16-cv O Document 85 Filed 03/27/17 Page 1 of 8 PageID 2792

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No (1:15-cv GBL-MSN)

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA THIRD DISTRICT CASE NO. 3D Lower Tribunal Case No.: CA-21

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Case 3:16-cv CWR-LRA Document 25 Filed 08/08/16 Page 1 of 9

Case 1:17-cv AT Document 77 Filed 09/14/18 Page 1 of 12

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case 1:17-cv TSC Document 13 Filed 09/08/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DOTCONNECTAFRICA TRUST,

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY Telephone:

FILED: NEW YORK COUNTY CLERK 10/03/ :58 PM INDEX NO /2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/03/2016

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT. Plaintiff-Appellee, Defendants-Appellants.

NOTICE OF APPEAL. Plaintiff-Appellant John Cox, by and through his attorneys of record,

SUPREME COURT OF FLORIDA. CASE NO. SCl3-1934

Nordyke v. King No (9th Cir. En Banc Review)

Case 3:13-cv JHM-DW Document 40 Filed 03/06/14 Page 1 of 5 PageID #: 646

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 1:17-cv LAP Document 1 Filed 01/30/17 Page 1 of 3

DIRECTIONS FOR FILING A MOTION TO SET ASIDE A DEFAULT JUDGMENT IN DISTRICT COURT

Case 1:11-mc MGC Document 1 Entered on FLSD Docket 07/07/2011 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE April 13, 2015 Session

No UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, CHARLES D.

IN THE CIRCUIT COURT OF NEWTON COUNTY, ARKANSAS CIVIL DIVISION THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION'S RESPONSE TO NOTICE OF APPEAL

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA, TALLAHASSEE DIVISION

Auto accident Motion for Summary Judgment complete package

Docket

Case 1:13-cv GJQ Doc #12 Filed 04/16/14 Page 1 of 7 Page ID#34 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

IN THE COURT OF APPEALS OF IOWA. No / Filed November 9, Appeal from the Iowa District Court for Wright County, James M.

USCA No UNITED STATES OF AMERICA, Appellee, SANTANA DRAPEAU, Appellant.

[Dist Ct. No.: 3:12-CV WHO] IN THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT. JOHN TEIXEIRA; et al., Plaintiffs - Appellants, vs.

2:15-cv CSB-EIL # 297 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION

Case 1:12-cv MGC Document 155 Entered on FLSD Docket 02/13/2013 Page 1 of 8

IN THE SUPREME COURT OF THE VIRGIN ISLANDS ORDER OF THE COURT

Case 9:17-cv KAM Document 10 Entered on FLSD Docket 04/25/2017 Page 1 of 6

IN THE COURT OF APPEALS OF IOWA. No / Filed October 24, 2007

STATE OF WISCONSIN CIRCUIT COURT OUTAGAMIE COUNTY BRIEF IN SUPPORT OF MOTION FOR STAY OF DISCOVERY

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

David J. Bright MAINTAINING THE ATTORNEY-CLIENT PRIVILEGE DURING COMMUNICATIONS BETWEEN IN-HOUSE COUNSEL AND CORPORATE EMPLOYEES

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IN THE SUPREME COURT OF IOWA. No (Polk County No. LACL131913) Susan Ackerman, Plaintiff-Appellant, vs.

Case , Document 122-1, 04/10/2017, , Page1 of 4 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER

mg Doc 597 Filed 05/11/16 Entered 05/11/16 15:27:15 Main Document Pg 1 of 6

Case 1:13-cv MMS Document 54 Filed 06/18/15 Page 1 of 11 UNITED STATES COURT OF FEDERAL CLAIMS

Appeal No IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

NATURE OF THE ACTION. enforcement of the Arbitration Award entered November 24, 2015 styled In the

Marcia Copeland v. DOJ

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ORDER

UNITED STATES DISTRICT COURT IN THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Cooper & Kirk, PLLC 1523 New Hampshire Avenue, NW Washington, DC Hon. William M. Skretny, Western District of New York

FILED: NEW YORK COUNTY CLERK 01/26/ :16 PM INDEX NO /2016 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/26/2017 EXHIBIT C

Case3:15-cv VC Document25 Filed06/19/15 Page1 of 8

IN THE SUPREME COURT OF THE STATE OF FLORIDA

mg Doc 5792 Filed 11/15/13 Entered 11/15/13 18:14:57 Main Document Pg 1 of 5

Case 4:11-cv Document 102 Filed in TXSD on 09/11/12 Page 1 of 8

FILED: WESTCHESTER COUNTY CLERK 01/21/ :52 AM INDEX NO /2015 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/21/2016

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case M:06-cv VRW Document 613 Filed 05/07/2009 Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DISTRICT COURT, LARIMER COUNTY, COLORADO. 201 La Porte Avenue, Suite 100 Fort Collins, CO Phone: (970) Plaintiff:

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

OFFICE OF THE CLERK B

Case: Document: 26-1 Filed: 12/04/2014 Pages: 6 NO IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT ) ) ) )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO CV-BLOOM/VALLE

Case GMB Doc 207 Filed 12/21/13 Entered 12/21/13 14:45:36 Desc Main Document Page 1 of 2

USCA Case # Document # Filed: 09/09/2011 Page 1 of 8 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

Case: Document: 484 Page: 1 08/06/

PlainSite. Legal Document

Instructions for Filing an Emergency Motion

United States Court of Appeals

NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio Court of Common Pleas

United States Court of Appeals For The Eighth Circuit Thomas F. Eagleton U.S. Courthouse 111 South 10th Street, Room St. Louis, Missouri 63102

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

I ATTORNEY / LAW FIRM / PRO SE LITIGANT

Case 0:18-cv FAM Document 1 Entered on FLSD Docket 03/19/2018 Page 1 of 5

Transcription:

Case 3:15-cv-00143-CRW-HCA Document 108 Filed 09/12/16 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION MCC IOWA LLC d/b/a MEDIACOM, v. Plaintiff, THE CITY OF IOWA CITY, IMON COMMUNICATIONS, LLC, f/k/a JB AND SG COMMUNICATIONS, LLC, Defendants. Case No. 3:15-CV-143 NOTICE OF APPEAL Notice is hereby given that MCC Iowa LLC d/b/a Mediacom ( Mediacom, Plaintiff in the above-named case, hereby appeals to the United States Court of Appeals for the Eighth Circuit from the Judgment dated August 12, 2016 (Dkt. 104, and any and all of the District Court s orders or rulings subsumed in or underlying the foregoing that are adverse to Mediacom, including without limitation Order dated August 12, 2016, (Dkt. 103, granting summary judgment dismissing the case with prejudice, Order dated June 20, 2016, (Dkt. 85, denying in part Mediacom s motion pursuant to Federal Rule of Civil Procedure 56(d, and granting in part Defendants request to stay discovery, and Text Order dated July 6, 2016, (Dkt. 91, clarifying the Court s June 20, 2016 Order as being intended to stay discovery in its entirety pending a ruling on defendants summary judgment motions. Mediacom further appeals from the Order dated August 26, 2016, (Dkt. 107, granting the August 18, 2016 Joint Motion by Defendants to Correct the Order dated August 12, 2016 pursuant to Rule 60 on the grounds of clerical mistake or as a mistake having arisen from oversight or omission.

Case 3:15-cv-00143-CRW-HCA Document 108 Filed 09/12/16 Page 2 of 3 Dated: September 12, 2016 Respectfully submitted, FAEGRE BAKER DANIELS LLP /s/ Terri L. Combs Terri L. Combs Terri.combs@faegrebd.com Lance Lange Lance.lange@faegrebd.com Elizabeth Thompson Elizabeth.Thompson@faegrebd.com 801 Grand Avenue, 33 rd Floor Des Moines, Iowa 50309-8011 Telephone: (515 248-9000 Facsimile: (515 248-9010 Attorneys for Plaintiff MCC Iowa, LLC, d/b/a Mediacom

Case 3:15-cv-00143-CRW-HCA Document 108 Filed 09/12/16 Page 3 of 3 CERTIFICATE OF SERVICE I, hereby certify that on this 12th day of September 2016, I electronically filed the foregoing document with the Clerk of Court using the ECM/ECF system which will send a notice of electronic filing to the following counsel of record. Dated: September 12, 2016 /s/ Paulette Ohnemus Copy to: Sheila K. Tipton, Esq. Michael A. Dee, Esq. Haley R. Van Loon, Esq. Brown, Winick, Graves, Baskerville, Schoenebaum, PLC 666 Grand Avenue, Suite 2000 Des Moines, IA 50309 dee@brownwinick.com tipton@brownwinick.com vanloon@brownwinick.com Attorneys for Defendant The City of Iowa City Mark L. Zaiger, Esq. Nancy Penner, Esq. Shuttleworth & Ingersoll, P.L.C. 115 3 rd Street SE, Suite 500 Cedar Rapids, IA 52401 mlz@shuttleworthlaw.com njp@shuttleworthlaw.com Attorneys for Defendant ImOn Communications, LLC

Case 3:15-cv-00143-CRW-HCA Document 108-1 Filed 09/12/16 Page 1 of 3 U.S. COURT OF APPEALS - EIGHTH CIRCUIT APPELLANT S FORM A Appeal Information Form To be filed with the Notice of Appeal Appeal Docket No. STYLE OF CASE: MCC IOWA LLC d/b/a MEDIACOM, Appellant, vs. COUNSEL: NAME, ADDRESS, AND TELEPHONE NUMBER Terri L. Combs, Esq. Lance W. Lange, Esq. Elizabeth J. Thompson, Esq. 801 Grand Avenue, 33rd Floor Des Moines, Iowa 50309 Telephone: (515 248-9000 COUNSEL: NAME, ADDRESS, AND TELEPHONE NUMBER THE CITY OF IOWA CITY, IMON COMMUNICATIONS, LLC, f/k/a JB AND SG COMMUNICATIONS, LLC, Appellees. Michael A. Dee, Esq. Sheila K. Tipton, Esq. Haley R. Van Loon, Esq. Brown, Winick, Graves, Baskerville, Schoenebaum, PLC 666 Grand Avenue, Suite 2000 Des Moines, IA 50309 Telephone: (515 242-2400 Mark L. Zaiger, Esq. Nancy Penner, Esq. Shuttleworth & Ingersoll, P.L.C. 115 3 rd Street SE, Suite 500 Cedar Rapids, IA 52401 Telephone: (319 365-9461 LIST ISSUES ON APPEAL (For administrative purposes. You may indicate that this also serves as your statement of issues under FRAP 10(b(3. ( Yes. (X No. The issues that Mediacom may raise on appeal include but are not limited to the following: Whether the District Court erred as a matter of law in granting the Defendants motions for summary judgment and in dismissing the Plaintiff s claims, including but not limited to: in finding that there was no genuine factual dispute regarding whether the Defendants have entered into a franchise agreement and further, in necessarily holding as a matter of law that the Defendants have not entered a franchise agreement within the meaning of 47 U.S.C. 522(9;

Case 3:15-cv-00143-CRW-HCA Document 108-1 Filed 09/12/16 Page 2 of 3 in necessarily holding that a cable company already operating a cable system and intending to extend its cable system into a new territory did not need to have a valid cable television franchise in place before constructing the system; in necessarily holding that Defendant Iowa City s Cable Television Franchise Enabling Ordinance and/or related Iowa state law, which requires a valid cable franchise prior to construction of a cable system, was preempted by federal law; in holding that the Plaintiff and Defendant ImOn were not similarly situated and dismissing Plaintiff s Equal Protection claim; in necessarily holding that Defendant Iowa City s passing of ordinances approving the Defendants arrangements was not illegal and not ultra vires; and in dismissing with prejudice each of the Plaintiff s state law claims. Whether the District Court erred as a matter of law in finding that there were not genuine issues of material fact precluding judgment as a matter of law and in failing to consider material facts relevant to that determination. Whether the District Court erred as a matter of law in granting summary judgment on grounds other than those raised by the Defendants in their motion without providing the notice and opportunity to respond required by Rule 56(f. Whether the District Court abused its discretion in denying Plaintiff s motion under Federal Rule of Civil Procedure 56(d to deny or stay Defendants motion for summary judgment so as to provide the Plaintiff a fair opportunity to conduct discovery regarding disputed factual issues essential to justify its opposition. FOR LEAD COUNSEL ONLY I X have ( have not discussed settlement possibilities or appeal with my client. This appeal is ( X is not amenable to settlement. Submitted by: /s/ Terri L. Combs 9/12/2016 Signature of Lead Counsel Date INSTRUCTIONS: Filing of appellant s For A is required to be submitted to the Clerk of the District Court with the Notice of Appeal (8 Cir. Rule 3B. If inadvertently omitted, appellant may file Form A directly with the Clerk of the Court of Appeals before appeal is docketed. Forms are available at the District Court Clerk s Office and may also be obtained electronically at: www.ca8.uscourts.gove Copy1 White Send to Appellee (together with an uncompleted Form B Copies 2 & 3 Canary & Pink Send to Clerk, District Court with Notice of Appeal or Eighth Circuit (see above Copy 4 - Retain

Case 3:15-cv-00143-CRW-HCA Document 108-1 Filed 09/12/16 Page 3 of 3 CERTIFICATE OF SERVICE I, hereby certify that on this 12th day of September 2016, I electronically filed the foregoing document with the Clerk of Court using the ECM/ECF system which will send a notice of electronic filing to the following counsel of record. Dated: September 12, 2016 /s/ Paulette Ohnemus Copy to: Sheila K. Tipton, Esq. Michael A. Dee, Esq. Haley R. Van Loon, Esq. Brown, Winick, Graves, Baskerville, Schoenebaum, PLC 666 Grand Avenue, Suite 2000 Des Moines, IA 50309 dee@brownwinick.com tipton@brownwinick.com vanloon@brownwinick.com Attorneys for Defendant The City of Iowa City Mark L. Zaiger, Esq. Nancy Penner, Esq. Shuttleworth & Ingersoll, P.L.C. 115 3 rd Street SE, Suite 500 Cedar Rapids, IA 52401 mlz@shuttleworthlaw.com njp@shuttleworthlaw.com Attorneys for Defendant ImOn Communications, LLC

Case 3:15-cv-00143-CRW-HCA Document 108-2 Filed 09/12/16 Page 1 of 2 Civil Case Notice of Appeal Supplement COUNSEL FOR APPELLANT PLEASE COMPLETE AND SUBMIT WITH NOTICE OF APPEAL MCC Iowa LLC d/b/a Mediacom The City of Iowa City, ImOn Communications, LLC f/k/a JB and SG 3 15 143 Communications, LLC N/A N/A N/A N/A (Transcripts for 5/25/16 and 7/11/16 hearing previously ordered. Transcript for 6/16/16 hearing will be ordered today.

Case 3:15-cv-00143-CRW-HCA Document 108-2 Filed 09/12/16 Page 2 of 2 CERTIFICATE OF SERVICE I, hereby certify that on this 12th day of September 2016, I electronically filed the foregoing document with the Clerk of Court using the ECM/ECF system which will send a notice of electronic filing to the following counsel of record. Dated: September 12, 2016 /s/ Paulette Ohnemus Copy to: Sheila K. Tipton, Esq. Michael A. Dee, Esq. Haley R. Van Loon, Esq. Brown, Winick, Graves, Baskerville, Schoenebaum, PLC 666 Grand Avenue, Suite 2000 Des Moines, IA 50309 dee@brownwinick.com tipton@brownwinick.com vanloon@brownwinick.com Attorneys for Defendant The City of Iowa City Mark L. Zaiger, Esq. Nancy Penner, Esq. Shuttleworth & Ingersoll, P.L.C. 115 3 rd Street SE, Suite 500 Cedar Rapids, IA 52401 mlz@shuttleworthlaw.com njp@shuttleworthlaw.com Attorneys for Defendant ImOn Communications, LLC