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DUKE ENERGY CAROLINAS, LLC v. FRONTIER COMMUNICATIONS OF CAROLINAS, LLC

No. 2:13cv40.

DUKE ENERGY CAROLINAS, LLC, Plaintiff, v. FRONTIER COMMUNICATIONS OF THE CAROLINAS, LLC, Defendant.

United States District Court, W.D. North Carolina, Bryson City Division.

July 15, 2014.

Attorney(s) appearing for the Case

Duke Energy Carolinas, LLC, Plaintiff, represented by Allen M. Estes , Balch & Bingham, LLP, Matthew G.T. Martin , Duke Energy Corporation, Robin F. Bromberg , Balch & Bingham, LLP & W. Carleton Metcalf , The Van Winkle Law Firm.

Frontier Communications of the Carolinas, LLC, Defendant, represented by Christopher S. Huther , Wiley Rein, LLP, Claire J. Evans , Wiley Rein, LLP, Joseph Jack Starsick, Jr. , Frontier Communications Corporation & W. Perry Fisher, II , Fisher Stark, P.A..

ORDER

DENNIS L. HOWELL, Magistrate Judge.

Pending before the Court is the Motion to Transfer [# 23]. Defendant moves to transfer this case to the United States District Court for the Eastern District of North Carolina or, in the alternative, to stay this litigation pursuant to the primary jurisdiction doctrine to allow the Federal Communications Commission to determine the rate that Plaintiff may charge Defendant for its use of utility poles. Upon a review...

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