United States Second Circuit

In an action by a telephone company seeking payment for services rendered pursuant to its federal tariff, summary judgment for plaintiff, a civil contempt order entered against defendant, and a default judgment entered against defendants for failure to comply with discovery orders are affirmed where: 1) the Telecommunications Act did not divest the federal courts of subject matter jurisdiction over claims seeking the enforcement of a federally filed tariff whenever adjudication of the claims required the interpretation of an interconnection agreement between telecommunications carriers; and 2) the district court did not abuse its discretion in imposing the discovery sanctions it did.

Appellate Information

• Decided 08/25/2010
• Published 08/25/2010

Judges

• Debra Ann Livingston

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joel Davidow, Hans J. Germann