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GLOBAL NAPS NORTH CAROLINA, INC. v. BELLSOUTH TELECOMMUNICATIONS, INC.

No. 5:04-CV-96-B0(1).

455 F.Supp.2d 447 (2006)

GLOBAL NAPS NORTH CAROLINA, INC., Global Naps Georgia, Inc., and Global Naps South, Inc., Plaintiffs, v. BELLSOUTH TELECOMMUNICATIONS, INC., Defendant.

United States District Court, E.D. North Carolina, Western Division.

September 27, 2006.

Attorney(s) appearing for the Case

Cathleen M. Plaut, Bailey & Dixon, LLP, Gavin Bryce Parsons, Troutman Sanders LLP, Raleigh, for Global Naps North Carolina, Inc., Global Naps Georgia, Inc., Global Naps South, Inc., Plaintiffs.

Fred M. Wood, Jr., Nelson Mullins Riley & Scarborough, LLP, Christopher M. Olds, Nelson Mullins Riley & Scarborough, LLP, Charlotte, for Bellsouth Telecommunications, Inc., Defendant.

ORDER

BOYLE, District Judge.

This matter is before the Court on Plaintiffs Motion for Primary Jurisdiction Stay, pursuant to Rule 7 of the Federal Rules of Civil Procedure and Local Rule 7.1. For the reasons explained below, Plaintiff's Motion is DENIED.

BACKGROUND

Defendant BellSouth Telecommunications, Inc. ("BellSouth") is the incumbent local exchange carrier ("ILEC"), providing services as the existing dominant telephone...

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