United States District Court, D. Oregon
COMMUNICATION MANAGEMENT SERVICES, LLC; DAVEL COMMUNICATIONS; NSC COMMUNICATIONS PUBLIC SERVICES CORP.; CENTRAL TELEPHONE, INC.; INTERWEST TEL, LLC; INTERWEST TELECOM SERVICES CORP.; VALLEY PAY PHONES, INC.; NATIONAL PAYPHONE SERVICES, LLC; K. WEST ENTERPRISES, LLC; T & C MANAGEMENT, LLC; CORBAN TECHNOLOGIES, INC.; NORTHWEST PUBLIC COMMUNICATIONS COUNCIL; and PACIFIC NORTHWEST PAYPHONES, INC., Plaintiffs,
QWEST CORPORATION; UNIDENTIFIED CORPORATIONS I-X; and JOHN DOES 1-10, Defendants.
FRANKLIN G. PATRICK Attorney for Plaintiffs.
LAWRENCE H. REICHMAN Attorneys for Defendant Qwest.
OPINION AND ORDER
J. BROWN UNITED STATES SENIOR DISTRICT JUDGE.
29, 2018, the Ninth Circuit issued a Mandate (#72) remanding
this matter to this Court. In its Memorandum Opinion the
Ninth Circuit affirmed in part and reversed and remanded in
part this Court's Opinion and Order (#59) issued December
12, 2014, as follows: affirmed dismissal of Plaintiffs'
Claims 1-8 and 12-14 with prejudice, affirmed dismissal of
Claim 9 without prejudice to amend, reversed dismissal of
Claims 10 and 11, and remanded Plaintiffs' Claims 10 and
11 for this Court to consider whether those claims should be
remanded, in turn, to state court for resolution.
reasons that follow, the Court DECLINES to
exercise supplemental jurisdiction as to Plaintiffs'
remaining state-law claims and REMANDS this
case to the Multnomah County Circuit Court.
initially filed this case in Multnomah County Circuit Court
in 2013. Plaintiffs alleged 14 claims against Defendants
based on specific performance; unjust enrichment; promissory
estoppel; third-party beneficiary; conversion; intentional
fraud; negligent fraud; violation of Oregon Deceptive Trade
Practices Act, Oregon Revised Statutes § 605.608;
interference with business relationships; breach of contract;
and constructive trust. Specifically, in Claim Nine
Plaintiffs raised a claim under Oregon Revised Statutes
§ 759.185 in which Plaintiffs asserted their payment of
interim rates higher than the “new services test”
(NST) compliant rates triggered a statutory right to
mandatory refunds. In Claim Ten Plaintiffs asserted Defendant
Qwest provided undue preferences and advantages in
telephone-exchange services to Plaintiffs' competitors in
violation of Oregon Revised Statutes § 759.275. In Claim
Eleven Plaintiffs alleged Qwest allowed FSH Communications,
LLC; Qwest's own payphone services; and Plaintiffs'
other competitors to access network elements that Qwest
denied to Plaintiffs in violation of Oregon Revised Statutes
February 13, 2014, Qwest removed the state-court action to
this Court based on federal-question jurisdiction.
February 28, 2014, Qwest filed a Motion to Dismiss all of
Plaintiffs' claims on the grounds that the claims were
filed untimely, barred by claim preclusion, vested in the
exclusive jurisdiction of the Public Utilities Commission
(PUC), and did not state a claim on the merits.
noted, on December 15, 2014, the Court issued an Opinion and
Order dismissing all of Plaintiffs' claims with prejudice
and entered Judgment in favor of Qwest.
January 13, 2015, Plaintiffs filed a Notice of Appeal to the
February 20, 2018, the Ninth Circuit affirmed dismissal as to
all claims except Claims 10-11.
noted, on May 29, 2018, the Ninth Circuit remanded the case
to this Court.
29, 2018, the Court directed the parties to file a joint
statement as to whether this Court or the state court should
resolve the remaining claims and ...