Case: State of Indiana v. FCC

AGENCY CASE docketed. Petition for review filed by Petitioners State of Indiana; State of Arkansas; State of Alabama; State of Florida; State of Georgia; State of Idaho; State of Iowa; State of Missouri; State of Ohio; State of South Carolina; State of South Dakota; State of Tennessee; State of Utah and State of Virginia in 24-2013. Appearance form due 11/20/2024. Copy of petition served on respondent(s) pursuant to FRAP 15(c). [24-2013, 24-8028] (AL) [Entered: 11/06/2024 11:34 AM]

1 Petition for Review

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2 Judgment

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3 Case Opening Notice

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4 Notice Regarding Native PDF

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MOTION for leave to intervene on behalf of Respondent filed by Movant Office of Communication of the United Church of Christ, Inc. in 24-2013, 24-8028. Served on 10/30/2024. [24-2013, 24-8028] (AL) [Entered: 11/06/2024 03:12 PM]

MOTION for leave to intervene on behalf of Respondent filed by Movant Direct Action for Rights and Equality, Inc. in 24-2013. Served on 10/29/2024. [24-2013, 24-8028] (AL) [Entered: 11/06/2024 03:14 PM]

MOTION for leave to intervene on behalf of Respondent filed by Movant Pennsylvania Prison Society in 24-2013, 24-8028. Served on 10/30/2024. [24-2013, 24-8028] (AL) [Entered: 11/06/2024 03:16 PM]

CASE MANAGEMENT ORDER entered: This petition for review has been consolidated with the originating petition and the transferred petitions received under the September 18, 2024, Consolidation Order from the United States Judicial Panel on Multidistrict Litigation. The court has designated In re: MCP 191, Case No. 24-8028, as the lead case for all of the petitions. All filings in this proceeding will be made by counsel using CM/ECF and as provided by applicable orders. Filings should designate both the lead case number (In re: MCP 191, Appeal No. 24-8028) and the case number assigned to this individual member case in this court. When filing in CM/ECF, filers should select only their individual case number and the lead case number. In the event errors are made in selecting cases when docketing, misfiled documents may be stricken with instructions for correction by counsel. [24-2013, 24-8028] (AL) [Entered: 11/06/2024 12:03 PM]

NOTICE of appearance on behalf of Petitioner State of Iowa filed by Attorney Eric H. Wessan. Served on 11/12/2024. [24-2013] CLERK'S NOTE: Document should have been filed in LEAD case 24-8028. Correction made by clerk's office. No further action required. (EHW) [Entered: 11/12/2024 09:39 AM]

NOTICE issued. After December 2, 2024, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Angela F. Collins for Global Tel Link, Cherie R. Kiser for Global Tel Link, Cheryl A. Leanza for Office of Communication of the United Church of Christ, Inc., Dominic X. Barceleau for State of Missouri, David Andrew Bydalek for State of Arkansas, Joshua J David for State of Indiana, Joshua Divine for State of Missouri, T. Elliot Gaiser for State of Ohio, Alan M. Hurst for State of Idaho, Aliza Kaplan for Criminal Justice Reform Clinic, Edmund G. LaCour for State of Alabama, Ryan McFall for State of South Dakota, Stephen John Petrany for State of Georgia, Michael H. Pryor for Securus Technologies, LLC, Stanford Purser for State of Utah, Mathura Sridharan for State of Ohio, P. Michele Ellison for FCC and US and Merrick B. Garland for FCC and US in 24-8028, P. Michele Ellison for FCC and US and Merrick B. Garland for FCC and US in 24-1814, Aliza Kaplan for Criminal Justice Reform Clinic, P. Michele Ellison for FCC and US and Merrick B. Garland for FCC and US in 24-1859, Aliza Kaplan for Criminal Justice Reform Clinic, Cheryl A. Leanza for Office of Communication of the United Church of Christ, Inc., Angela F. Collins for Global Tel Link, Cherie R. Kiser for Global Tel Link, Michael H. Pryor for Securus Technologies, LLC, P. Michele Ellison for FCC and US and Merrick B. Garland for FCC and US in 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, Angela F. Collins for Global Tel Link, Cherie R. Kiser for Global Tel Link, Cheryl A. Leanza for Office of Communication of the United Church of Christ, Inc., P. Michele Ellison for FCC and US and Merrick B. Garland for FCC and US in 24-1969, Cheryl A. Leanza for Office of Communication of the United Church of Christ, Inc., David Andrew Bydalek for State of Arkansas, Joshua J David for State of Indiana, Joshua Divine for State of Missouri, T. Elliot Gaiser for State of Ohio, Alan M. Hurst for State of Idaho, Edmund G. LaCour for State of Alabama, Ryan McFall for State of South Dakota, Stephen John Petrany for State of Georgia, Stanford Purser for State of Utah, Mathura Sridharan for State of Ohio, P. Michele Ellison for FCC and US and Merrick B. Garland for FCC and US in 24-2013. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013] (AL) [Entered: 11/15/2024 04:43 PM]

NOTICE of appearance on behalf of Petitioner Direct Action for Rights and Equality, Inc. in 24-8028, 24-1814, 24-1884, Intervenor Direct Action for Rights and Equality, Inc. in 24-1860, 24-1927, 24-1969, Movant Direct Action for Rights and Equality, Inc. in 24-2013 filed by Attorney Elizabeth B. Deutsch. Served on 11/18/2024. [24-8028, 24-1814, 24-1884, 24-1860, 24-1927, 24-1969, 24-2013] (EBD) [Entered: 11/18/2024 02:38 PM]

NOTICE of appearance on behalf of Intervenor Direct Action for Rights and Equality, Inc. in 24-1969, Movant Direct Action for Rights and Equality, Inc. in 24-2013 filed by Attorney Jessica Ring Amunson. Served on 11/18/2024. [24-8028, 24-1969, 24-2013] (JRA) [Entered: 11/18/2024 02:45 PM]

NOTICE of appearance on behalf of Petitioner State of South Carolina in 24-8028, 24-2013 filed by Attorney Joseph D. Spate. Served on 11/18/2024. [24-8028, 24-2013] (JDS) [Entered: 11/18/2024 03:31 PM]

NOTICE of appearance on behalf of Petitioner State of Arkansas in 24-8028, 24-2013 filed by Attorney Dylan L. Jacobs. Served on 11/18/2024. [24-8028, 24-2013] (DLJ) [Entered: 11/18/2024 03:32 PM]

ORDER entered: Upon consideration, the unopposed motion for leave to intervene on behalf of Respondents Federal Communication Commission and United States filed by Pennsylvania Prison Society is granted. [24-8028, 24-2013] (AL) [Entered: 11/18/2024 03:36 PM]

NOTICE of appearance on behalf of Petitioner State of Arkansas in 24-8028, 24-2013 filed by Attorney Nicholas J. Bronni. Served on 11/18/2024. [24-8028, 24-2013] (NJB) [Entered: 11/18/2024 03:37 PM]

ORDER entered: Upon consideration, the unopposed motion for leave to intervene on behalf of Respondents Federal Communication Commission and United States filed by Direct Action for Rights and Equality, Inc. is granted. [24-8028, 24-2013] (AL) [Entered: 11/18/2024 04:05 PM]

ORDER entered: Upon consideration, the unopposed motion for leave to intervene on behalf of Respondents Federal Communication Commission and United States filed by Office of Communication of the United Church of Christ, Inc. is granted. [24-8028, 24-2013] (AL) [Entered: 11/18/2024 04:14 PM]

ORDER entered by David J. Barron, Chief Appellate Judge; Gustavo A. Gelpí, Appellate Judge and Seth Robert Aframe, Appellate Judge: By December 9, 2024, all parties in the above-captioned proceedings are directed to meet and confer and to submit to this court a jointly proposed merits briefing schedule. The parties should make every effort to submit a joint briefing proposal; however, in the event the parties cannot agree on a joint proposal, the parties may submit individual proposals by the deadline set out above. A copy of this order should be entered in any matter 1) that is opened in this court, by way of original-petition filing or transfer, before the deadline set out above and 2) that is consolidated with, inter alia, 24-8028. The caption of any such copy of the order should be adjusted to reflect the newly opened matter, and reasonable extension requests will be considered in the event one or more proceedings is opened at or near the deadline. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 11/18/2024 05:07 PM]

NOTICE of appearance on behalf of Petitioner State of Virginia in 24-8028, 24-2013 filed by Attorney Kevin M. Gallagher. Served on 11/19/2024. [24-8028, 24-2013] (KMG) [Entered: 11/19/2024 11:05 AM]

NOTICE of appearance on behalf of Intervenor Office of Communication of the United Church of Christ, Inc. in 24-1927, 24-1969, 24-2013 filed by Attorney Erik Stallman. Served on 11/20/2024. [24-8028, 24-1927, 24-1969, 24-2013] (ES) [Entered: 11/20/2024 04:12 PM]

NOTICE of appearance on behalf of Petitioner Direct Action for Rights and Equality, Inc. in 24-8028, 24-1814, Intervenor Direct Action for Rights and Equality, Inc. in 24-1860, 24-1884, 24-1927, 24-1969, 24-2013 filed by Attorney Andrew C. DeGuglielmo. Served on 11/27/2024. [24-8028, 24-1814, 24-1860, 24-1884, 24-1927, 24-1969, 24-2013] (ACD) [Entered: 11/27/2024 03:15 PM]

MOTION for leave to intervene on behalf of Petitioner filed by Movant(s) Global Tel*Link. Served on 12/04/2024. [24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061] (LCB) [Entered: 12/04/2024 05:37 PM]

NOTICE of appearance on behalf of Movant(s) Global Tel*Link Corporation d/b/a ViaPath Technologies filed by Attorney Angela F. Collins. Served on 12/06/2024. [24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061] (AFC) [Entered: 12/06/2024 12:43 PM]

DISCLOSURE statement filed by Global Tel*Link Corporation d/b/a ViaPath Technologies. Served on 12/06/2024. [24-2013, 24-2061] (LCB) [Entered: 12/06/2024 12:57 PM]

NOTICE of appearance on behalf of Movant(s) Global Tel*Link Corporation d/b/a ViaPath Technologies filed by Attorney Landis C. Best. Served on 12/06/2024. [24-2013, 24-2061] (LCB) [Entered: 12/06/2024 01:00 PM]

JOINT PROPOSED BRIEFING SCHEDULE filed by Respondent FCC in 24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061 as response to order [6682147-2]. Served on 12/09/2024. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (SEC) [Entered: 12/09/2024 04:53 PM]

DISCLOSURE statement filed by Movant Global Tel Link in 24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061. Served on 12/06/2024. [24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 12/11/2024 02:28 PM]

ORDER entered by David J. Barron, Chief Appellate Judge: The court has reviewed the parties' "Joint Proposed Briefing Format and Schedule." Briefing in these consolidated matters will proceed on the schedule set out in that filing and subject to the word limits proposed in that filing. The court expects the parties to adhere to the briefing schedule they themselves proposed. Extension requests are strongly discouraged and will not be granted absent a showing of good cause. The court continues to adjudicate motions to intervene as they ripen. The parties' briefing proposal assumes the grant of all pending motions to intervene and the grant of certain yet to be filed motions to intervene. In the event the court denies any motion to intervene contemplated by the current filing or grants any motion to intervene not contemplated by the current filing, the court will enter an order adjusting the briefing schedule and details as needed. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 12/18/2024 04:29 PM]

NOTICE of appearance filed by Attorney Joshua Joseph David for Petitioner State of Indiana. Served on 12/09/2024. [24-2013] (AL) [Entered: 12/19/2024 12:06 PM]

ORDER entered: Upon consideration, the unopposed motion for leave to intervene on behalf of Petitioner Securus Technologies, LLC, Pay Tel Communications, Inc., State of Indiana, State of Arkansas, State of Alabama, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Missouri, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of Virginia, State of Louisiana, State of Mississippi, State of Texas, Sheriff Kevin Cobb, Sheriff Sid Gautreaux, Sheriff Bobby Webre, Sheriff Mark Wood and Louisiana Sheriffs' Association filed by Global Tel*Link Corporation d/b/a ViaPath Technologies is granted as to 24- 8028, 24-1860, 24-1927, 24-1969, 24-2013, and 24-2061. To the extent the motion seeks permission to intervene in other appeals not listed here, the motion is denied without prejudice to refiling in the applicable cases. [24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 12/19/2024 03:54 PM]

NOTICE of appearance on behalf of Petitioner State of Idaho in 24-8028, 24-2013 filed by Attorney Sean M. Corkery. Served on 12/19/2024. [24-8028, 24-2013] (SMC) [Entered: 12/19/2024 05:02 PM]

NOTICE of appearance on behalf of Petitioner State of Georgia in 24-8028, 24-2013 filed by Attorney Stephen J. Petrany. Served on 12/20/2024. [24-8028, 24-2013] (SJP) [Entered: 12/20/2024 09:34 AM]

CERTIFIED list filed by Respondent FCC in 24-8028, 24-1927, 24-1969, 24-2013, 24-2061. Served on 12/20/2024. [24-8028, 24-1927, 24-1969, 24-2013, 24-2061] (SEC) [Entered: 12/20/2024 12:27 PM]

NOTICE of appearance on behalf of Petitioner State of South Dakota in 24-8028, 24-2013 filed by Attorney Ryan McFall. Served on 12/26/2024. [24-8028, 24-2013] (RM) [Entered: 12/26/2024 12:12 PM]

MOTION for Attorney Alan M. Hurst to withdraw as counsel filed by Petitioner State of Idaho in 24-8028, 24-2013. Served on 12/26/2024. [24-8028, 24-2013] (SMC) [Entered: 12/26/2024 05:21 PM]

NOTICE of appearance on behalf of Petitioner State of Missouri in 24-8028, 24-2013 filed by Attorney Joshua M. Divine. Served on 12/27/2024. [24-8028, 24-2013] (JD) [Entered: 12/27/2024 09:11 AM]

ORDER entered: Upon consideration, the motion to withdraw Attorney Alan M. Hurst as counsel for Petitioner State of Idaho in 24-8028, 24-2013 is granted. Attorney Hurst is hereby withdrawn as counsel of record, and Petitioner State of Idaho will continue to be represented by the remaining counsel of record. [24-8028, 24-2013] (AL) [Entered: 12/30/2024 04:06 PM]

NOTICE of appearance on behalf of Petitioner State of Tennessee in 24-8028, 24-2013 filed by Attorney Whitney D. Hermandorfer. Served on 01/02/2025. [24-8028, 24-2013] (WDH) [Entered: 01/02/2025 01:04 PM]

NOTICE of appearance on behalf of Petitioner State of Alabama filed by Attorney Edmund G. LaCour Jr.. Served on 01/02/2025. [24-2013] (EGL) [Entered: 01/02/2025 04:12 PM]

MOTION for Attorney Nicholas J. Bronni to withdraw as counsel filed by Petitioner State of Arkansas in 24-8028, 24-2013. Served on 01/03/2025. [24-8028, 24-2013] (NJB) [Entered: 01/03/2025 06:04 PM]

MOTION for Attorney David Andrew Bydalek to withdraw as counsel filed by Petitioner State of Arkansas in 24-8028, 24-2013. Served on 01/03/2025. [24-8028, 24-2013] (DAB) [Entered: 01/03/2025 06:19 PM]

NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Cherie R. Kiser for Global Tel Link, Cheryl A. Leanza for Office of Communication of the United Church of Christ, Inc., J. Benjamin Aginaga for State of Louisiana, Shannon Dirmann for Sid Gautreaux, Bobby Webre, Mark Wood, Kevin Cobb and Louisiana Sheriffs' Association, Lynn Fitch for State of Mississippi, Aliza Kaplan for Criminal Justice Reform Clinic, Elizabeth B. Murrill for State of Louisiana, Kenneth Paxton, Jr. for State of Texas, Michael H. Pryor for Securus Technologies, LLC, Brent Webster for State of Texas, Corrine Youngs for State of Indiana, P. Michele Ellison for FCC and US and Merrick B. Garland for FCC and US in 24-2061. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 01/06/2025 07:30 PM]

BRIEFING schedule set. Brief and Appendix due January 27, 2025 for petitioner Direct Action for Rights and Equality, Inc., Criminal Justice Reform Clinic, Securus Technologies, LLC, Pennsylvania Prison Society, Pay Tel Communications, Inc., State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Missouri, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of Virginia, Kevin Cobb, Sid Gautreaux, Louisiana Sheriffs' Association, State of Louisiana, State of Mississippi, State of Texas, Bobby Webre and Mark Wood. Intervenor in Support of Petitioner Briefs – Due February 3, 2025. Brief due April 7, 2025 for respondent Federal Communications Commission and United States. Intervenor in Support of Respondents Briefs – Due April 14, 2025 Reply brief due May 5, 2025 for petitioner Direct Action for Rights and Equality, Inc., Criminal Justice Reform Clinic, Securus Technologies, LLC, Pennsylvania Prison Society, Pay Tel Communications, Inc., State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Missouri, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of Virginia, Kevin Cobb, Sid Gautreaux, Louisiana Sheriffs' Association, State of Louisiana, State of Mississippi, State of Texas, Bobby Webre and Mark Wood. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 01/06/2025 07:49 PM]

1 Petitioner's Briefing Notice

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2 Notice Regarding Native PDF

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NOTICE of appearance on behalf of Petitioner State of Indiana in 24-8028, 24-2013 filed by Attorney Blake E. Lanning. Served on 01/07/2025. [24-8028, 24-2013] (BL) [Entered: 01/07/2025 02:59 PM]

ORDER entered: Attorneys David A. Bydalek and Nicholas J. Bronni have filed motions to withdraw as counsel of record for Petitioner State of Arkansas. Petitioner will continue to be represented in this appeal by its remaining counsel of record. In light of this, attorney Bydalek and attorney Bronni's motion to withdraw is allowed. [24-8028, 24-2013] (AL) [Entered: 01/07/2025 04:07 PM]

NOTICE of appearance on behalf of Petitioner Direct Action for Rights and Equality, Inc. in 24-8028, 24-1814, Intervenor Direct Action for Rights and Equality, Inc. in 24-1860, 24-1884, 24-1927, 24-1969, 24-2013, 24-2061 filed by Attorney Arjun R. Ramamurti. Served on 01/07/2025. [24-8028, 24-1814, 24-1860, 24-1884, 24-1927, 24-1969, 24-2013, 24-2061] (AR) [Entered: 01/07/2025 04:21 PM]

JOINT MOTION for leave to file deferred appendix filed by Petitioner Direct Action for Rights and Equality, Inc. in 24-8028, 24-1814, 24-1884, Intervenor Direct Action for Rights and Equality, Inc. in 24-1860, 24-1927, 24-1969, 24-2013, 24-2061. Served on 01/08/2025. [24-8028, 24-1814, 24-1884, 24-1859, 24-1922, 24-1860, 24-1861, 24-1927, 24-1886, 24-1969, 24-2013, 24-2061] (JRA) [Entered: 01/08/2025 08:50 PM]

ORDER entered: The parties' joint motion seeking leave to file a deferred appendix is granted. The parties shall adhere to the following briefing schedule: 1) The parties will file preliminary electronic versions of their principal and reply briefs, containing references to the record, pursuant to the current briefing schedule, with paper copies deferred until after the appendix and final briefs are filed; 2) Within 21 days of Petitioners filing their reply briefs, Petitioners will file the public and sealed joint appendices; and 3) Within 14 days of the appendix being filed, the parties will file final electronic briefs containing references to the appendix. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 01/13/2025 01:06 PM]

JOINT MOTION To Waive Local Rule 28.0(a)(1) filed by Petitioner Securus Technologies, LLC in 24-8028, 24-1860, Intervenor Securus Technologies, LLC in 24-1884, 24-1886, 24-1922, 24-1927. Served on 01/15/2025. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (SHA) [Entered: 01/15/2025 10:06 AM]

NOTICE of appearance on behalf of Petitioner State of Utah in 24-8028, 24-2013 filed by Attorney Stanford E. Purser. Served on 01/15/2025. [24-8028, 24-2013] (SP) [Entered: 01/15/2025 05:16 PM]

ORDER entered: Upon consideration, Petitioners' joint motion to waive Local Rule 28.0(a)(1) is granted. Petitioners may omit the order under review from their addendums and, instead, include the order in the deferred joint appendix. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (JMK) [Entered: 01/21/2025 09:11 AM]

NOTICE of appearance on behalf of Petitioner State of Indiana in 24-8028, 24-2013 filed by Attorney Bradley S. Davis. Served on 01/24/2025. [24-8028, 24-2013] (BD) [Entered: 01/24/2025 10:05 AM]

NOTICE of appearance on behalf of Petitioner State of Indiana in 24-8028, 24-2013 filed by Attorney Jade Poorman. Served on 01/24/2025. [24-8028, 24-2013] (JP) [Entered: 01/24/2025 10:08 AM]

BRIEF tendered by Petitioners State of Indiana, State of Arkansas, State of Louisiana, State of Alabama, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Mississippi, State of Missouri, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of Virginia, Sid Gautreaux, Bobby Webre, Mark Wood, Kevin Cobb and Louisiana Sheriffs' Association in 24-8028, Petitioners State of Indiana, State of Arkansas, State of Alabama, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Missouri, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah and State of Virginia in 24-2013, Petitioners State of Louisiana, State of Mississippi, State of Texas, Sid Gautreaux, Bobby Webre, Mark Wood, Kevin Cobb and Louisiana Sheriffs' Association in 24-2061. [24-8028, 24-2013, 24-2061] (BL) [Entered: 01/27/2025 09:41 PM]

NOTICE of default and intent to dismiss issued. Petitioners State of Ohio and State of Florida are directed to file an appearance form or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Appearance form due February 18, 2025. [24-8028, 24-2013] (AL) [Entered: 02/03/2025 08:00 AM]

CORRECTED NOTICE* of default issued: Petitioners State of Ohio and State of Florida are directed to file an appearance form or this case will be dismissed as to these Petitioners for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Appearance form due February 18, 2025. *Corrected order issued to modify the text of the order. [24-8028, 24-2013] (AL) [Entered: 02/03/2025 12:30 PM]

BRIEF tendered by Intervenor Global Tel Link in 24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061. [24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061] (AFC) [Entered: 02/03/2025 04:19 PM]

NOTICE of appearance on behalf of Petitioner State of Florida in 24-8028, 24-2013 filed by Attorney Allen L. Huang. Served on 02/03/2025. [24-8028, 24-2013] (AH) [Entered: 02/03/2025 04:26 PM]

BRIEF tendered by Intervenor National Sheriffs' Association in 24-8028, 24-2061. [24-8028, 24-2013, 24-2061, 24-1969, 24-1927] (ST) [Entered: 02/03/2025 09:21 PM]

INTERVENOR'S PRELIMINARY BRIEF filed by Intervenor Global Tel Link in 24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061. Served on 02/03/2025. [24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061] (NP) [Entered: 02/07/2025 11:48 AM]

DISCLOSURE statement filed by Intervenor Global Tel Link in 24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061. Served on 02/03/2025. [24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061] (NP) [Entered: 02/07/2025 11:54 AM]

NOTICE of appearance on behalf of Petitioner State of Ohio in 24-8028, 24-2013 filed by Attorney T. Elliot Gaiser. Served on 02/10/2025. [24-8028, 24-2013] (TEG) [Entered: 02/10/2025 05:10 PM]

ORDER directing Petitioners State of Indiana, State of Arkansas, State of Louisiana, State of Alabama, State of Florida, State of Georgia, State of Idaho, State of Iowa, State of Mississippi, State of Missouri, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of Virginia, Sid Gautreaux, Bobby Webre, Mark Wood, Kevin Cobb, and Louisiana Sheriffs' Association are ordered to file a conforming preliminary electronic brief by February 18, 2025. The corrected brief must be served on all parties to the consolidated appeals, and the certificate of service must be updated to include the new date of service. The parties shall continue to adhere to the current briefing schedule, and the respondents' preliminary electronic brief remains due by April 7, 2025. [24-8028, 24-2013, 24-2061] (AL) [Entered: 02/11/2025 04:09 PM]

MOTION for Attorney Henry C. Whitaker to withdraw as counsel filed by Petitioner State of Florida in 24-8028, 24-2013. Served on 02/15/2025. [24-8028, 24-2013] (AH) [Entered: 02/15/2025 11:47 PM]

BRIEF tendered by Petitioners State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Louisiana, State of Mississippi, State of Missouri, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of Virginia, Sid Gautreaux, Bobby Webre, Mark Wood, Kevin Cobb and Louisiana Sheriffs' Association in 24-8028, Petitioners State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Missouri, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah and State of Virginia in 24-2013, Petitioners State of Louisiana, State of Mississippi, State of Texas, Sid Gautreaux, Bobby Webre, Mark Wood, Kevin Cobb and Louisiana Sheriffs' Association in 24-2061. [24-8028, 24-2013, 24-2061] (BL) [Entered: 02/18/2025 04:42 PM]

PETITIONERS' PRELIMINARY BRIEF filed by Petitioners State of Georgia, State of Arkansas, State of Tennessee, State of Florida, State of South Dakota, State of Alabama, State of South Carolina, State of Indiana, State of Missouri, State of Utah, State of Virginia, State of Ohio, State of Idaho and State of Iowa, Petitioners State of Mississippi, State of Louisiana, State of Texas, Sid Gautreaux, Bobby Webre, Mark Wood, Kevin Cobb and Louisiana Sheriffs' Association, Petitioners State of Georgia, State of Arkansas, State of Mississippi, State of Tennessee, State of Florida, State of South Dakota, State of Louisiana, State of Alabama, State of South Carolina, State of Indiana, State of Missouri, State of Texas, State of Utah, State of Virginia, State of Ohio, State of Idaho, State of Iowa, Sid Gautreaux, Bobby Webre, Mark Wood, Kevin Cobb and Louisiana Sheriffs' Association in 24-8028, 24-2013, 24-2061. Served on 02/18/2025. [24-8028, 24-2013, 24-2061] (NP) [Entered: 02/20/2025 03:26 PM]

DISCLOSURE statement filed by Petitioner Louisiana Sheriffs' Association in 24-8028, 24-2061. Served on 02/18/2025. [24-8028, 24-2013, 24-2061] (NP) [Entered: 02/20/2025 03:30 PM]

NOTICE of appearance on behalf of Petitioner State of South Dakota in 24-8028, 24-2013 filed by Attorney Jonathan K. Van Patten. Served on 02/26/2025. [24-8028, 24-2013] (JKV) [Entered: 02/26/2025 12:20 PM]

ORDER entered: Upon consideration, the motion to withdraw Attorney Henry C. Whitaker as counsel for Petitioner State of Florida is granted. Attorney Whitaker is hereby withdrawn as counsel of record, and Petitioner will continue to be represented by the remaining counsel of record. [24-8028, 24-2013] (AL) [Entered: 02/26/2025 01:34 PM]

MOTION for Attorney Ryan McFall to withdraw as counsel filed by Petitioner State of South Dakota in 24-8028, 24-2013. Served on 02/26/2025. [24-8028, 24-2013] (RM) [Entered: 02/26/2025 03:05 PM]

ORDER entered: Upon consideration, the motion to withdraw Attorney Ryan McFall as counsel for Petitioner State of South Dakota in 24-8028, 24-2013 is granted. Attorney McFall is hereby withdrawn as counsel of record, and Petitioner State of South Dakota will continue to be represented by the remaining counsel of record. [24-8028, 24-2013] (AL) [Entered: 03/05/2025 04:22 PM]

NOTICE of appearance on behalf of Petitioner State of Arkansas in 24-2013, 24-8028 filed by Attorney Autumn Hamit Patterson. Served on 03/10/2025. [24-2013, 24-8028] (AHP) [Entered: 03/10/2025 03:22 PM]

MOTION to extend time to file brief filed by Respondent FCC in 24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061. Served on 03/24/2025. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (MJD) [Entered: 03/24/2025 06:12 PM]

ORDER entered: Upon consideration, Respondents United States and the Federal Communications Commission's assented-to motion for a 7-day extension of the briefing schedule is granted. The briefing schedule adopted by order entered December 18, 2024, is amended as follows: Respondents' Brief shall be filed on or before April 14, 2025; Intervenor in Support of Respondents' Briefs shall be filed on or before April 21, 2025; and Reply briefs shall be filed by May 12, 2025. All other terms of the December 18, 2024, order and all other orders on briefing, including the January 13, 2025, order granting leave to file a deferred appendix and the March 5, 2025, order regarding sealed and unredacted briefs, remain unchanged. Any further extension requests are strongly discouraged and will not be granted absent a showing of good cause. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 03/26/2025 10:45 AM]

BRIEF tendered by Respondents FCC and US in 24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (MJD) [Entered: 04/14/2025 05:33 PM]

RESPONDENTS' PRELIMINARY BRIEF filed by Respondents FCC and US in 24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061. Served on 04/14/2025. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (NP) [Entered: 04/15/2025 12:08 PM]

NOTICE of appearance on behalf of Movant(s) Public Knowledge, The Benton Institute for Broadband & Society, Center for Digital Democracy, Free Press filed by Attorney John Bergmayer. Served on 04/21/2025. [24-8028, 24-2013, 24-2061] (JB) [Entered: 04/21/2025 10:21 AM]

MOTION for leave to file amicus curiae brief in support of Respondent filed by Movant(s) Public Knowledge, The Benton Institute for Broadband & Society, Center for Digital Democracy, Free Press. Served on 04/21/2025. [24-8028, 24-2013, 24-2061] (JB) [Entered: 04/21/2025 10:35 AM]

1 Motion

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2 Proposed Brief

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MOTION for leave to file amicus curiae brief in support of Respondent filed by Movant(s) National Consumer Law Center, Electronic Privacy Information Center, Prison Policy Initiative, and The Utility Reform Network. Served on 04/21/2025. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (SR) [Entered: 04/21/2025 10:47 AM]

1 Motion

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2 Proposed brief

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NOTICE of appearance on behalf of Movant(s) National Consumer Law Center, Electronic Privacy Information Center, Prison Policy Initiative, and The Utility Reform Network filed by Attorney Stephen A. Raher. Served on 04/21/2025. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (SR) [Entered: 04/21/2025 11:02 AM]

NOTICE of appearance on behalf of Movant(s) District of Columbia, New York, California, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, and Rhode Island filed by Attorney Caroline S. Van Zile. Served on 04/21/2025. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (CSV) [Entered: 04/21/2025 04:01 PM]

AMICUS CURIAE BRIEF tendered by The District of Columbia, New York, California, Illinois, Maine, Maryland, Commonwealth of Massachusetts, Minnesota, Nevada, New Jersey, and Rhode Island. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] CLERK'S NOTE: Party selection was incorrect. Correction made by clerk's office. No further action required. (CSV) [Entered: 04/21/2025 04:18 PM]

BRIEF tendered by Petitioner Direct Action for Rights and Equality, Inc. in 24-8028, Intervenor Direct Action for Rights and Equality, Inc. in 24-1860, 24-1927, 24-1969, 24-2013, 24-2061. [24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061] (JRA) [Entered: 04/21/2025 05:28 PM]

DISCLOSURE statement filed by Movant(s) National Consumer Law Center, Electronic Privacy Information Center, Prison Policy Initiative, and The Utility Reform Network in 24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061. Served on 04/21/2025. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 04/22/2025 04:33 PM]

DISCLOSURE statement filed by Movant(s) Public Knowledge, The Benton Institute for Broadband & Society, Center for Digital Democracy, Free Press in 24-8028, 24-2013, 24-2061. Served on 04/21/2025. [24-8028, 24-2013, 24-2061] (AL) [Entered: 04/22/2025 04:50 PM]

ORDER entered: On April 21, 2025, The District of Columbia, New York, California, Illinois, Maine, Maryland, Commonwealth of Massachusetts, Minnesota, Nevada, New Jersey, and Rhode Island filed a brief as amici curiae. The brief is non-compliant because the caption on the front cover of the brief does not match the caption used by the court. See Fed. R. App. P. 29(a)(4) and 32(a)(2)(C). Additionally, the brief does not contain the statement required by Fed. R. App. P. 29(a)(4)(E). The statement must indicate whether: (i) A party's counsel authored the brief in whole or in part; (ii) a party or a party's counsel contributed money that was intended to fund preparing or submitting the brief; and (iii) a person - - other than the amicus curiae, its members or its counsel -- contributed money that was intended to fund preparing or submitting the brief and, if so, identifies each such person. A corrected amici brief must be filed no later than April 30, 2025. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 04/23/2025 04:26 PM]

ORDER entered: On April 21, 2025, Public Knowledge, The Benton Institute for Broadband & Society, Center for Digital Democracy, and Free Press filed a brief as amici curiae. The brief is noncompliant because the brief does not contain the statement required by Fed. R. App. P. 29(a)(4)(E). The statement must indicate whether: (i) A party's counsel authored the brief in whole or in part; (ii) a party or a party's counsel contributed money that was intended to fund preparing or submitting the brief; and (iii) a person - - other than the amicus curiae, its members or its counsel -- contributed money that was intended to fund preparing or submitting the brief and, if so, identifies each such person. A corrected amici brief must be filed no later than April 30, 2025. [24-8028, 24-2013, 24-2061] (AL) [Entered: 04/23/2025 04:41 PM]

ORDER entered: On April 21, 2025, National Consumer Law Center, Electronic Privacy Information Center, Prison Policy Initiative, and The Utility Reform Network filed a brief as amici curiae. The brief is non-compliant because the caption on the front cover of the brief does not match the caption used by the court. See Fed. R. App. P. 29(a)(4) and 32(a)(2)(C). A corrected amici brief must be filed no later than April 30, 2025. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 04/23/2025 04:54 PM]

AMICUS CURIAE BRIEF tendered by National Consumer Law Center, Electronic Privacy Information Center, Prison Policy Initiative, The Utility Reform Network. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (SR) [Entered: 04/23/2025 07:58 PM]

CORRECTED ORDER issued: On April 21, 2025, The District of Columbia, New York, California, Illinois, Maine, Maryland, Commonwealth of Massachusetts, Minnesota, Nevada, New Jersey, and Rhode Island filed a brief as amici curiae. The brief is non-compliant because the caption on the front cover of the brief does not match the caption used by the court. See Fed. R. App. P. 29(a)(4) and 32(a)(2)(C). A corrected amici brief must be filed no later than April 30, 2025. *Corrected order issued to amend the text of the order. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 04/24/2025 12:22 PM]

AMICUS CURIAE BRIEF tendered by Public Knowledge, The Benton Institute for Broadband & Society, Center for Digital Democracy, Free Press. [24-8028, 24-2013, 24-2061] (JB) [Entered: 04/24/2025 12:23 PM]

DISCLOSURE statement filed by Movant National Consumer Law Center, Electronic Privacy Information Center, Prison Policy Initiative, The Utility Reform Network. Certificate of service was not included. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (AL) [Entered: 04/24/2025 04:00 PM]

INTERVENORS' PRELIMINARY BRIEF filed by Intervenors Direct Action for Rights and Equality, Inc., Office of Communication of the United Church of Christ, Inc., Criminal Justice Reform Clinic, and Pennsylvania Prison Society in 24-1860, 24-1927, 24-1969, 24-2013, 24-2061. Served on 04/21/2025. [24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061] (NP) [Entered: 04/25/2025 04:39 PM]

DISCLOSURE statement filed by Intervenors Direct Action for Rights and Equality, Inc., Office of Communication of the United Church of Christ, Inc., Criminal Justice Reform Clinic, and Pennsylvania Prison Society. Served on 04/21/2025. [24-8028, 24-1860, 24-1927, 24-1969, 24-2013, 24-2061] (NP) [Entered: 04/25/2025 04:53 PM]

AMICUS CURIAE BRIEF tendered by District of Columbia, New York, California, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, Rhode Island. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (CSV) [Entered: 04/29/2025 12:16 PM]

ORDER entered: No objections having been filed, the motion of the National Consumer Law Center, Electronic Privacy Information Center, Prison Policy Initiative, The Utility Reform Network's for leave to file an amici curiae brief in support of the respondent and affirmance is granted, and the brief is accepted for filing this day. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 05/07/2025 12:56 PM]

DISCLOSURE statement filed by Movants Knowledge, The Benton Institute for Broadband & Society, Center for Digital Democracy, Free Press. Served on 04/21/2025. [24-8028, 24-2013, 24-2061] (AL) [Entered: 05/08/2025 11:13 AM]

AMICUS CURIAE BRIEF filed by Movants National Consumer Law Center, Electronic Privacy Information Center, Prison Policy Initiative, and the Utility Reform Network in support of Respondents FCC and US. Served on 04/21/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 05/15/2025. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (AL) [Entered: 05/08/2025 12:37 PM]

DISCLOSURE statement filed by Amici Curiae ElectronicNational Consumer Law Center, Electronic Privacy Information Center, Prison Policy Initiative, and the Utility Reform Network in 24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061. Served on 04/21/2025. [24-8028, 24-1814, 24-1859, 24-1860, 24-1861, 24-1884, 24-1886, 24-1922, 24-1927, 24-1969, 24-2013, 24-2061] (AL) [Entered: 05/30/2025 02:53 PM]

ORDER entered: No objections having been filed, the motion of Public Knowledge, The Benton Institute for Broadband & Society, Center for Digital Democracy, and Free Press for leave to file an amici curiae brief in support of the Respondents and affirmance is granted, and the brief is accepted for filing this day. [24-8028, 24-2013, 24-2061] (AL) [Entered: 05/09/2025 02:57 PM]

AMICUS CURIAE BRIEF filed by Movant Public Knowledge, The Benton Institute for Broadband & Society, Center for Digital Democracy, and Free Press in support of Respondents FCC and US. Served on 04/21/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 05/16/2025. [24-8028, 24-2013, 24-2061]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (AL) [Entered: 05/09/2025 03:07 PM]

MOTION requesting leave for Attorney James M. Rice to enter an appearance filed by Petitioner State of Tennessee in 24-8028, 24-2013. Served on 05/12/2025. [24-8028, 24-2013] (JMR) [Entered: 05/12/2025 04:39 PM]

1 Motion for Leave to File Appearance

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2 Proposed Notice of Appearance

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