Case: Reese v. Global Tel*Link Corporation

2:15-cv-02197 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 23, 2015

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On April 23, 2015, a group of inmates in the Pennsylvania correctional facilities filed this class action lawsuit in the US District Court for the Eastern District of Pennsylvania. The plaintiffs sued Global Tel*Link Corporation ("GTL") under the Federal Communications Act (the "FCA"), 47 U.S.C. §§201,206,207 and 276, and Pennsylvania law. They alleged that GTL participated in unjust, unreasonable, unfair and deceptive conduct from January 1, 2000 through the present (the "Class Period") by ch…

On April 23, 2015, a group of inmates in the Pennsylvania correctional facilities filed this class action lawsuit in the US District Court for the Eastern District of Pennsylvania. The plaintiffs sued Global Tel*Link Corporation ("GTL") under the Federal Communications Act (the "FCA"), 47 U.S.C. §§201,206,207 and 276, and Pennsylvania law. They alleged that GTL participated in unjust, unreasonable, unfair and deceptive conduct from January 1, 2000 through the present (the "Class Period") by charging exorbitant rates and fees - up to 100 times normal market rates for intrastate telephone calls to and from inmates pursuant to exclusive contracts with correctional facilities throughout the United States. GTL and its subsidiaries serve over 2,200 correctional facilities and 1.1 million inmates in forty-eight states. The plaintiffs sought certification of this action as a class action and declaratory and monetary relief.

The plaintiffs alleged that GTL created a monopoly through exclusive contracts with thousands of correctional facilities, and therefore faces little or no market competition to challenge its intrastate telephone rates. Furthermore, the plaintiffs alleged that in return for this monopoly power, GTL provided kickbacks to the contracting facilities. Reports have estimated that the kickbacks paid to correctional facilities exceed $124 million per year.

During rule-making proceedings, the Federal Communications Commission (the "FCC") looked at whether intrastate charges were unreasonably high, unfair, and far in excess of the cost of providing service. The FCC concluded that they were, and that GTL had exploited their economic position by charging rates for intrastate calls greatly exceeding the cost of providing service, in direct violation of Sections 201 and 276 of the FCA that those rates be just, reasonable, and fair.

On October 23, 2015, Plaintiffs' filed a motion to transfer the proceedings to the Western District of Arkansas to join a related pending cases against GTL. That motion was granted on May 31, 2016. Once transferred, the case was consolidated with Chruby et al. v. Global Tel*Link Corporation by Judge Timothy L. Brooks.

Once consolidated, the Plaintiffs' motion for class certification was considered and denied by Judge Brooks, citing aspects of the cases brought that required overwhelmingly claimant-specific factual analysis. Plaintiffs' filed an appeal on this question to the US Eighth Circuit Court of Appeals on October 12, 2017, and the petition was denied and October 27, 2018.

The case was dismissed with prejudice on August 27, 2018.

Summary Authors

Rachel June-Graber (10/4/2015)

Edward Cullen (11/29/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5288450/parties/reese-v-global-tellink-corporation/


Judge(s)

Brooks, Timothy Lloyd (Arkansas)

McLaughlin, Mary A. (Pennsylvania)

Sánchez, Juan Ramon (Pennsylvania)

Attorneys(s) for Plaintiff

Berger, Daniel (Pennsylvania)

Brown, Benjamin D. (District of Columbia)

Burke, Susan L. (District of Columbia)

Ciolko, Edward W. (Pennsylvania)

Galloway, Monique Myatt (Pennsylvania)

Howard, Patrick (Pennsylvania)

Kahana, Peter R. (Pennsylvania)

Judge(s)

Brooks, Timothy Lloyd (Arkansas)

McLaughlin, Mary A. (Pennsylvania)

Sánchez, Juan Ramon (Pennsylvania)

Attorneys(s) for Plaintiff

Berger, Daniel (Pennsylvania)

Brown, Benjamin D. (District of Columbia)

Burke, Susan L. (District of Columbia)

Ciolko, Edward W. (Pennsylvania)

Galloway, Monique Myatt (Pennsylvania)

Howard, Patrick (Pennsylvania)

Kahana, Peter R. (Pennsylvania)

Martin, Amy C. (Arkansas)

Moffa, Donna Siegel (Pennsylvania)

Muhic, Peter A. (Pennsylvania)

Paris, Simon B. (Pennsylvania)

Trask, Amanda R. (Pennsylvania)

Twersky, Michael Y. (Pennsylvania)

Attorneys(s) for Defendant

Feeney, Brian T. (Pennsylvania)

Herrington, Robert J. (California)

Ho, Derek Tam (District of Columbia)

Sklaire, Michael R. (Virginia)

Expert/Monitor/Master

Braun, Robert Abraham (New York)

Jones, Samantha E. (Pennsylvania)

Ney, Steven (Maryland)

Documents in the Clearinghouse

Document

Docket [PACER]

July 1, 2016 Docket

Docket [PACER]

U.S. District Court for the Western District of Arkansas

Aug. 16, 2016 Docket

Docket [PACER]

Chruby v. Global Tel*Link Corporation

U.S. District Court for the Western District of Arkansas

Aug. 27, 2018 Docket
1

Class Action Complaint

April 23, 2015 Complaint
94

Memorandum Opinion and Order

Chruby v. Global Tel*Link Corporation

U.S. District Court for the Western District of Arkansas

2017 WL 4320330

Sept. 28, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5288450/reese-v-global-tellink-corporation/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against GLOBAL TELLINK CORPORATION ( Filing fee $ 400 receipt number PPE119903), filed by LEWIS BROOKS, LUANN BOUVIER, CARL PETERKIN, WALTER CHRUBY, MICHAEL VEON, LARRY BAGEANT, STEPHEN OROSZ, ROBERT HOLMES, EARL REESE, STEPHANIE VEON, WESLEY HARPER, EMILY OROSZ. (Attachments: # 1 Civil Cover Sheet)(jmv, ) (Entered: 04/24/2015)

1 Civil Cover Sheet

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April 23, 2015 RECAP

Summons Issued as to GLOBAL TELLINK CORPORATION. Forwarded To: 1 Orig mailed to counsel on 4/24/15 (jmv, )

April 23, 2015 PACER

DEMAND for Trial by Jury by LARRY BAGEANT, LUANN BOUVIER, LEWIS BROOKS, WALTER CHRUBY, WESLEY HARPER, ROBERT HOLMES, EMILY OROSZ, STEPHEN OROSZ, CARL PETERKIN, EARL REESE, MICHAEL VEON, STEPHANIE VEON. (jmv, )

April 23, 2015 PACER
2

WAIVER OF SERVICE Returned Executed by LEWIS BROOKS, LUANN BOUVIER, CARL PETERKIN, WALTER CHRUBY, MICHAEL VEON, LARRY BAGEANT, STEPHEN OROSZ, ROBERT HOLMES, EARL REESE, STEPHANIE VEON, WESLEY HARPER, EMILY OROSZ. GLOBAL TELLINK CORPORATION waiver sent on 5/4/2015, answer due 7/6/2015. (MUHIC, PETER) (Entered: 05/14/2015)

May 14, 2015 PACER
3

NOTICE of Appearance by MONIQUE MYATT GALLOWAY on behalf of LARRY BAGEANT, LUANN BOUVIER, LEWIS BROOKS, WALTER CHRUBY, WESLEY HARPER, ROBERT HOLMES, EMILY OROSZ, STEPHEN OROSZ, CARL PETERKIN, EARL REESE, MICHAEL VEON, STEPHANIE VEON with Certificate of Service(GALLOWAY, MONIQUE) (Entered: 05/15/2015)

May 15, 2015 PACER
4

NOTICE of Appearance by AMANDA TRASK on behalf of LARRY BAGEANT, LUANN BOUVIER, LEWIS BROOKS, WALTER CHRUBY, WESLEY HARPER, ROBERT HOLMES, EMILY OROSZ, STEPHEN OROSZ, CARL PETERKIN, EARL REESE, MICHAEL VEON, STEPHANIE VEON with Certificate of Service(TRASK, AMANDA) (Entered: 05/15/2015)

May 15, 2015 PACER
5

NOTICE of Appearance by SAMANTHA E. JONES on behalf of LARRY BAGEANT, LUANN BOUVIER, LEWIS BROOKS, WALTER CHRUBY, WESLEY HARPER, ROBERT HOLMES, EMILY OROSZ, STEPHEN OROSZ, CARL PETERKIN, EARL REESE, MICHAEL VEON, STEPHANIE VEON with Certificate of Service(JONES, SAMANTHA) (Entered: 05/15/2015)

May 15, 2015 PACER
6

NOTICE of Appearance by DONNA SIEGEL MOFFA on behalf of LARRY BAGEANT, LUANN BOUVIER, LEWIS BROOKS, WALTER CHRUBY, WESLEY HARPER, ROBERT HOLMES, EMILY OROSZ, STEPHEN OROSZ, CARL PETERKIN, EARL REESE, MICHAEL VEON, STEPHANIE VEON with Certificate of Service(MOFFA, DONNA) (Entered: 05/15/2015)

May 15, 2015 PACER
7

ANSWER to 1 Complaint, by GLOBAL TELLINK CORPORATION.(FEENEY, BRIAN) (Entered: 06/16/2015)

June 16, 2015 PACER
8

Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by GLOBAL TELLINK CORPORATION.(FEENEY, BRIAN) (Entered: 06/16/2015)

June 16, 2015 PACER
9

NOTICE of Appearance by YECHIEL MICHAEL TWERSKY on behalf of LARRY BAGEANT, LUANN BOUVIER, LEWIS BROOKS, WALTER CHRUBY, WESLEY HARPER, ROBERT HOLMES, EMILY OROSZ, STEPHEN OROSZ, CARL PETERKIN, EARL REESE, MICHAEL VEON, STEPHANIE VEON with Certificate of Service(TWERSKY, YECHIEL) (Entered: 06/17/2015)

June 17, 2015 PACER
10

Copy Re: Documents (Defendant's Motion to Transfer Actions to the Eastern District of Pennsylvania under 28 U.S.C. Section 1407 for Coordinated Pretrial Proceedings) Filed Before the JPML regarding In Re: Global Tel*Link Corporation ICS Litigation. (ems) (Entered: 06/18/2015)

1 Exhibits Continued Part 1

View on PACER

2 Exhibits Continued Part 2

View on PACER

June 18, 2015 PACER
11

NOTICE of Appearance by PETER R. KAHANA on behalf of LARRY BAGEANT, LUANN BOUVIER, LEWIS BROOKS, WALTER CHRUBY, WESLEY HARPER, ROBERT HOLMES, EMILY OROSZ, STEPHEN OROSZ, CARL PETERKIN, EARL REESE, MICHAEL VEON, STEPHANIE VEON with Certificate of Service(KAHANA, PETER) (Entered: 06/22/2015)

June 22, 2015 PACER
12

APPLICATION by GLOBAL TELLINK CORPORATION FOR MICHAEL SKLAIRE TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (PPE123229 $40.00) (jl, ) (Entered: 06/25/2015)

June 24, 2015 PACER
13

ORDER THAT THE APPLICATION OF MICHAEL R. SKLAIRE TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 6/25/15. 6/25/15 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 06/25/2015)

June 25, 2015 PACER
14

ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE MARY A. MCLAUGHLIN TO HONORABLE JUAN R. SANCHEZ FOR ALL FURTHER PROCEEDINGS. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 6/25/15. 6/25/15 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 06/25/2015)

June 25, 2015 PACER
15

AMENDED DOCUMENT by GLOBAL TELLINK CORPORATION. Amendment to 8 Disclosure Statement Form . (FEENEY, BRIAN) (Entered: 06/26/2015)

June 26, 2015 PACER

Amended Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent GTEL HOLDINGS, INC. for GLOBAL TELLINK CORPORATION. by GLOBAL TELLINK CORPORATION. (SEE PAPER # 15 FOR ATTACHMENT).(fb)

June 26, 2015 PACER
16

ORDER THAT A STATUS CONFERENCE SHALL BE HELD IN THE ABOVE-CAPTIONED CASE ON 8/6/2015 AT 10:00 AM IN COURTROOM 11A. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 7/13/15. 7/13/15 ENTERED AND COPIES MAILED, E-MAILED.(gs) (Entered: 07/13/2015)

July 13, 2015 PACER
17

Minute Entry for proceedings held before HONORABLE JUAN R. SANCHEZ Pretrial Conference held on 8/6/15. (jl, ) (Entered: 08/06/2015)

Aug. 6, 2015 PACER
18

ORDER THAT THE PARTIES SHALL CONFER PURSUANT TO FRCP 26(F) AND SHALL SUBMIT TO THE COURT, ON OR BEFORE 9/18/15, A WRITTEN REPORT OUTLINING THEIR JOINT PROPOSED DISCOVERY PLAN. GIVEN THE PENDENCY OF DEFENDANT GLOBAL TEL*LINK CORPORATION'S MOTION TO TRANSFER BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTIDISTICT LITIGATION, THE COURT WILL NOT SCHEDULE A FORMAL RULE 16 CONFERENCE AT THIS TIME. THE COURT, HOWEVER, EXPECTS THE PARTIES TO BEGIN THE DISCOVERY PROCESS WHILE AWAITING THE PANEL'S RULING. ACCORDINGLY, THE PARTIES' DISCOVERY PLAN SHOULD PROVIDE FOR THE START OF DISCOVERY PRIOR TO A FORMAL RULE 16 CONFERENCE. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 8/17/15. 8/17/15 ENTERED & E-MAILED.(fdc) (Entered: 08/17/2015)

Aug. 17, 2015 PACER
19

ORDER THAT A RULE 16 CONFERENCE WILL BE HELD IN THE ABOVE CAPTIONED MATTER ON 11/4/15 AT 1:00 P.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 10/15/15. 10/16/15 ENTERED AND E-MAILED.(jl, ) (Entered: 10/16/2015)

Oct. 16, 2015 PACER
20

MOTION to Transfer to the Western District of Arkansas Pursuant to 28 U.S.C. 1404(a) filed by LARRY BAGEANT, LUANN BOUVIER, LEWIS BROOKS, WALTER CHRUBY, WESLEY HARPER, ROBERT HOLMES, EMILY OROSZ, STEPHEN OROSZ, CARL PETERKIN, EARL REESE, MICHAEL VEON, STEPHANIE VEON.Memorandum of Law. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Text of Proposed Order)(MUHIC, PETER) (Entered: 10/23/2015)

1 Memorandum

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2 Exhibit A

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3 Text of Proposed Order

View on PACER

Oct. 23, 2015 PACER
21

ORDER THAT THE RULE 16 CONFERENCE IS POSTPONED PENDING FURTHER COURT ORDER; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 10/28/15. 10/28/15 ENTERED AND E-MAILED.(jl, ) (Entered: 10/28/2015)

Oct. 28, 2015 PACER
22

RESPONSE in Opposition re 20 MOTION to Transfer to the Western District of Arkansas Pursuant to 28 U.S.C. 1404(a) filed by GLOBAL TELLINK CORPORATION. (FEENEY, BRIAN) (Entered: 11/09/2015)

Nov. 9, 2015 PACER
23

MOTION for Leave to File a Reply in Support of Plaintiffs' Motion to Transfer to the Western District of Arkansas Pursuant to 28 U.S.C. 1404(a) filed by LARRY BAGEANT, LUANN BOUVIER, LEWIS BROOKS, WALTER CHRUBY, WESLEY HARPER, ROBERT HOLMES, EMILY OROSZ, STEPHEN OROSZ, CARL PETERKIN, EARL REESE, MICHAEL VEON, STEPHANIE VEON.Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(MUHIC, PETER) (Entered: 11/16/2015)

1 Exhibit A

View on PACER

2 Text of Proposed Order

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Nov. 16, 2015 PACER
24

ORDER THAT PLAINTIFFS UNCONTESTED MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF PLAINTIFFS MOTION TO TRANSFER IS GRANTED; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 11/17/15. 11/17/15 ENTERED AND E-MAILED.(jl, ) (Entered: 11/17/2015)

Nov. 17, 2015 PACER
25

RESPONSE in Support OF PLAINTIFFS MOTION to Transfer to the Western District of Arkansas Pursuant to 28 U.S.C. 1404(a), CERTIFICATE OF SERVICE. (jl, ) (Entered: 11/17/2015)

Nov. 17, 2015 PACER
26

ORDER THAT A RULE 16 CONFERENCE AND ORAL ARGUMENT ON PLAINTIFFS MOTION TO TRANSFER WILL BE HELD IN THE ABOVE CAPTIONED MATTER ON 12/4/15 AT 10:00 A.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 11/19/15. 11/19/15 ENTERED AND E-MAILED.(jl, ) (Entered: 11/19/2015)

Nov. 19, 2015 PACER
27

Minute Entry for proceedings held before HONORABLE JUAN R. SANCHEZ PRETRIAL CONFERENCE AND ORAL ARGUMENT held on 12/4/15. (jl, ) (Entered: 01/15/2016)

Jan. 15, 2016 PACER
28

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION TO TRANSFER TO THE WESTERN DISTRICT OF ARKANSAS PURSUANT TO 28 U.S.C. & 14404 (a) IS GRANTED; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/31/16. 5/31/16 ENTERED AND E-MAILED.(jl, ) (Entered: 05/31/2016)

May 31, 2016 RECAP
29

ORDER THAT PLAINTIFF'S MOTION TO TRANSFER TO THE WESTERN DISTRICT OF ARKANSAS PURSUANT TO 28 U.S.C. & 14404 (a) IS GRANTED. THE CLERK OF COURT SHALL TRANSFER THIS ACTION TO THE WESTERN DISTRICT OF ARKANSAS; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/31/16. 5/31/16 ENTERED AND E-MAILED.(jl, ) (Entered: 05/31/2016)

May 31, 2016 RECAP

Original record transferred to the U.S. District Court for the Western District of Arkansas via interdistrict transfer system. (fb)

July 1, 2016 PACER

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 23, 2015

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at Pennsylvania correctional facilities.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Global Tel*Link Corporation (GTL) , Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Phone

Affected Gender:

Female

Male

Type of Facility:

Non-government for profit