James v. GTL, NJ, Order II, Telephone Terms of Service, 2014

Type: Court Orders • Sept. 8, 2014 • Locations: United States of America -> New Jersey • Topics: Telephones

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Case 2:13-cv-04989-WJM-MF Document 36 Filed 09/08/14 Page 1 of 2 PageID: 444

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

Docket No.: 13-4989-WJM-MF

BOBBIE JAMES et al.,
Plaintiffs,

ORDER
v.
GLOBAL TEL*LINK CORPORATION,
INMATE TELEPHONE SERVICE, and
DSI-ITI LLC,
Defendants.

THIS MATTER comes before the court on the Defendants’ motion to
dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6). For the reasons set
forth in the accompanying opinion; and for good cause appearing,
IT IS on this 8th day of September 2014, hereby,
ORDERED that Defendants’ motion to dismiss the Complaint is hereby
DENIED; and it is further
ORDERED that the case shall be stayed pending one of the following:
1.) The Federal Communications Commission determines whether the
charges and practices that Plaintiffs challenge violated the Federal
Communications Act, 42 U.S.C. § 201;
2.) Plaintiffs voluntarily dismiss their Federal Communications Act
cause of action;
3.) The court dismisses the Federal Communications Act cause of
action; or

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Case 2:13-cv-04989-WJM-MF Document 36 Filed 09/08/14 Page 2 of 2 PageID: 445

4.) Either party petitions the court with other good cause to lift the
stay; and it is further
ORDERED that Plaintiffs shall file an administrative complaint with the
Federal Communications Commission within 90 days of the D.C. Circuit’s filing
of the opinion in the pending appeal, Global Tel*Link v. FCC, No. 13-1281; and it
is further
ORDERED that should Plaintiffs fail to file an administrative complaint
with the Federal Communications Commission within 90 days of the D.C.
Circuit’s filing of the opinion in the pending appeal, Global Tel*Link v. FCC, No.
13-1281, the Defendants may petition the court to dismiss the Federal
Communications Act cause of action for lack of prosecution.

/s/ William J. Martini
______________________________
WILLIAM J. MARTINI, U.S.D.J.

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