Professional Documents
Culture Documents
DELAWARE COUNTY,
Plaintiff,
v.
VERIZON PENNSYLVANIA,INC., et al.,
No. 2015-4830
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Defendants.
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INTRODUCTIONI
1.
which to base a zesponse to tlae allegations of Paragraph 1 and, on that basis, deny them.
2.
describe the content of authorities or other materials referenced therein. I~lsofar as tlae
allegations of Paragraph 2 characterize or purport to interpret those authorities or other materials,
t11ey are denied. Except as expressly admitted by tl~e foregoing, the Windstream Defendants
deny the allegations in this paragraph.
The Windstream Defendants state that the allegations contained in Paragraph 3
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 3 characterize or purport to interpret those authorities or other materials,
they are denied. Except as expressly admitted by the foregoing, the Windstream Defendants
deny tl~e allegatiot7s in this paragraph.
4.
6.
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 6 characterize or purport to interpret those authorities o~ other mate~ials,
they are denied. The Windstream Defendants lack sufficient knowledge, information or belief
on which to base a response to the remaining allegations of Paragraph 6 and, on that basis, deny
them.
Tl~e Windstrearn Defendants have incorporated herein the headings contained in Plaintiff"s Amended Complaint
for ease of reference only. To t11e extent tl~e headings contain factual allegations of conclusions of law, the
Windstream Defendants deny such allegations and conclusions.
7.
The Windstream Defendants deny that they Failed to comply with governing law.
The Wi~7dstream Defendants otherwise lack sufficient knowledge, information or belief on which
to base a response to tlae remaining allegations of Paragraph 7 and, on that basis, deny them.
8.
The Windstream Defendants deny that they failed to comply with governing law.
The Wiildstream Defendants otherwise lack sufficient knowledge, information or belief on which
to base a response to the remaining allegations of Paragraph 9 and, on that basis, deny them.
10.
11.
12.
13.
The Windstream Defendants admit that Plai~~tiff brings this action as described in
Paragraph 13, btrt denies that Plaintiff is entitled to any relief from the Windstream Defendants.
THE PARTIES
14.
which to base a response to the allegations of Paragraph 14 and, on that basis, deny them.
15.
Insofar as the allegations in Paragraph 15 call for a further response from the Windstream
Defendants, the Windstream Defe~ldants deny the allegations in Paragraph 15.
which to base a response to the allegations of Paragraph 16 and, on that basis, deny them.
17,
which to base a response to the allegations of Paragraph 17 and, on that basis, deny them.
18.
which to base a response to the allegations of Paragraph 18 and, on that basis, deny them.
19.
Insofar as the allegations in Paragraph 19 call for a further response from the Windstream
Defendants, the Windstream Defendants deny the allegations in Paragraph 19.
a) The Windstream Defendants admit that Cavalier provides telecoin~nunications
services to customers located in Delaware County and that CT Corporation
Systems has served as Cavalier's registered agent. Except as expressly
admitted by the foregoing, the Windstream Defendants deny the allegations in
this paragraph.
b) Windstream denies that "Windstream Commmlications, Inc." is tlae properly
named defendant entity. Windstream Communications, LLC was formed in
2014 and is the successor entity to Wi~ldstream Communications, Inc. Except
Insofar as the allegations in Parag~aph 20 call for a further response from the Windstream
Defendants, the Windstream Defezldants deny the allegations in Paragraph 20.
a) The Windstream Defendants lack sufficient knowledge, information or belief
on which to base a response to the allegations of Paragraph 20(a) and, oia that
basis, deny them.
b) T11e Windstream Defendants lack sufficient knowledge, information or belief
on which to base a response to the allegatioias of Paragraph 20(b) and, on that
basis, deny them.
21.
which to base a respo~~se to the allegations of Paragraph 21 and, on that basis, deny them.
22.
which to base a response to the allegations of Paragraph 22 and, on that basis, deny them.
23.
which to base a response to the allegations of Paragraph 23 and, on that basis, deny them.
24.
which to base a response to the allegations of Paragraph 24 and, on that basis, deny them.
25.
which to base a response to the allegations of Pazagraph 25 and, on that basis, de~1y them.
26.
which to base a response to the allegations of Paragraph 26 and, on that basis, deny them.
27.
which to base a response to the allegations of Paragraph 27 and, o~~ that basis, deny them.
28.
which to base a response to the allegatio~ls of Paragraph 28 and, on that basis, deny them..
29.
which to base a response to the allegations of Paragraph 29 and, on that basis, deny them.
30.
which to base a response to the allegations of Paragraph 30 and, on that basis, deny them.
31.
which to base a response to the allegations of Paragraph 31 and, on that basis, deny them.
32.
which to base a response to the allegations of Paragraph 32 and, on that basis, deny them.
JURISDICTION
33.
require no response. To the extent any response is required, the Windstream Defe~adants deny
that 35 Pa. Cons. Stat. Ann. 5307(e)(1) provides a jurisdictional basis for this action. On the
contrary, section 5307(e)(1) authorizes suit only against certain telecommunications customers,
not service providers like the Windstream Defendants. To the extent any response is required,
the Windstream Defendants deny the allegations of Paragraph 33.
34.
require no response. To the extent any response is required, the Wiz~dstream Defendants deny the
allegations of Paragraph 34.
35.
require no response. To the extent any response is required, the Windstream Defendants deny the
allegations of Paragraph 35.
FACTUAL ALLEGATIONS
I.
uiaits" is aself-defined and misleading term that lacks any basis in the text of the 911 Act, or in
any other applicable law, and improperly conflates phone lines and phone numbers.
37.
units" is aself-defined and misleadi~lg term that lacks a~ay basis in the text of the 911 Act, or in
azly other applicable law, and improperly co~aflates phone lines and phone numbers,.
B. Technological Evolution of Telephone Service
38.
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 38 characterize or purport to interpret those authorities or othe~~
materials, they are denied. The Windstream Defendants lack sufficient la~owledge, information
or belief oia which to base a response to the remaining allegations of Paragraph 38 and, on that
basis, deny them.
39.
provided to customers through the use of copper wires. Except as expressly admitted by the
foregoing, the Windstream Defendants deny the allegations in this paragraph.
40.
Denied.
41.
Denied
42.
Denied.
43.
Denied.
44.
Admitted.
45.
Admitted.
46.
describe the content of authorities or other mate~~ials referenced therein. Insofar as the
allegations of Paragraph 46 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
II.
47.
Denied.
48.
Admitted.
49.
Admitted.
50.
Admitted.
51.
Denied.
The Windstrearn Defendants state that the allegations contained its Paragraph 52
describe the content of authorities or other mate~ials referenced therein. Insofar as the
allegations of Paragraph 52 characterize of purport to interpret those authorities or other
materials, t11ey are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
53.
describe the content of authorities or other materials refere~aced therein. Insofar as the
describe the conte~lt of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 54 characterize or purport to interpret those authorities or other
materials, they are denied. Responding further, the Windstream DeFendants deny that 35 Pa.
Cons. Stat. Ann. 5305(g.l) authorizes counties to collect 911 taxes on VoIP services. Except
as expressly admitted by the Ioregoing, the Windstream Defendants deny the allegations in dais
paragraph.
55.
The Windstream Defendants state that the allegations contained i~1 Paragrap1155
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 55 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
56,
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 56 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
57.
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 57 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny t11e allegations in this paragraph.
S8.
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 58 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny tihe allegations in this paragraph.
59.
describe the content of authorities of other materials referenced therein, Insofar as the
allegations of Paragraph 59 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstreain
Defendants deny the allegations in this paragraph.
60.
describe the content of authorities oi other materials referenced therein. Insofar as the
allegations of Paragraph 60 characterize or purport to interpret those authorities or other
materials, they are de~~ied. Responding Further, the Windstream Defendant deny that Pa. Cons.
Stat. Ann. 5311.14 authorizes counties to impose oz collect 911 taxes on VoIP services.
Except as expressly admitted by the foregoing, the Windstream Defendants deny the allegations
in this paragtaph.
61.
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 61 characterize or purport to interpret those authorities or other
10
materials, they are denied. Lxcept as expressly admitted by the foregoing, the Windstieam
Defenda~lts deny the allegations in this paragraph.
62.
describe tihe content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 62 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by tl~e foregoing, the Windstream
Defendaiats deny the allegations in this paragraph.
63.
describe the content of authorities or othe~~ matet~ials referenced therein. Insofar as the
allegations of Paragraph 63 characte~~ize or purport to interpret those authorities ox other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
64.
The Windstream Defendants deny that they failed to comply with governing law.
Responding further, the Windstream Defenda~zts state that the allegations contained in Paragraph
64 describe the conte~zt of authorities or other materials referenced therein. Insofar as t11e
allegations of Paragraph 64 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
65.
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 65 characterize or purport to interpret those authorities or other
materials, they are denied. The Windstream Defendants lack sufficient knowledge, information
11
or belief on which to base a response to the remaining allegations of Paragraph 65 and, on that
basis, deny them.
66.
describe the content of aLrthorities or other materials referenced therein. Insofar as the
allegations of Paragraph 66 characterize or purport to interpret those authorities or other
materials, they are denied. The Windstream Defendants lack sufficient knowledge, informatio~l
or belief on which to base a response to the remaining allegations of Paragraph 66 and, on that
basis, deny them.
III.
Admitted.
68.
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 68 characterize or purport to interpret those authorities or other
materials, they are denied. except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this pa~agraph.
69.
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 69 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
70.
describe the content of authorities or other materials referenced therein. Insofar as the
12
describe the content of authorities or other materials referenced therein.. Insofar as the
allegations of Paragraph 71 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
72.
73.
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 73 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
74.
The Windstream Defendants deny that they failed to comply with governing law
and that Plaintiff undertook "best efforts" to seek information from the Windstream Defendants
related to 911 taxes pzior to instituting this lawsuit, The Windstream Defendants otherwise lack
sufficient knowledge, ixlformation or belief on which to base a response to the remaining
allegations of Paragraph 74 and, on that basis, deny them.
75.
which to base a response to the allegations of Paragraph 75 and, on that basis, deny them.
13
76.
The Windstream Defendants deny that they failed to comply with governing law.
The Windstream Defendants otherwise lack sufficient knowledge, information or belief on which
to base a response to the remaining allegations of Paragraph 76 and, on that basis, deny them.
77.
which to base a response to the allegations of Paragraph 77 and, on that basis, deny them.
Responding further, the Windstream Defendants state that "billable units" is aself-defined and
misleading term that lacks any basis in the text of the 911 Act, or in any other applicable law,
and improperly conflates phone lines and phone numbers.
78.
which to base a response to the allegations of Paragraph 78 and, on that basis, deny them.
Responding further, tlae Windstream Defendants state that "billable units" is aself-defined and
misleading term that lacks any basis in the text of the 911 Act, or in any other applicable law,
and improperly conflates phone lines and phone numbers.
79.
which to base a response to the allegations of Parag~~aph 79 and, o~z that basis, deny them.
Responding further, the Windstream Defendants state that "billable units" is aself-defined and
misleading term. that lacks any basis in the text ofthe 911 Act, or in any other applicable law,
and improperly conflates phone lines and phone numbers.
80.
which to base a response to the allegatio~ls of Paragraph 80 and, on that basis, deny them.
Responding further, the Wi~~dstream Defendants state that "billable units" is a self-defi~ied and
misleading term that lacks any basis in the text of the 911 Act, or in any other applicable law,
and improperly co~lflates phone lines and phone numbers.
14
81.
which to base a response to the allegations of Paragraph 81 and, on that basis, deny them.
Responding further, the Windstream Defeiadants state that "billable units" is aself-defined and
misleading term that lacks any basis in the text of the 911 Act, or in any other applicable law,
and improperly conflates phone lines and phone numbers.
82.
which to base a response to the allegations of Paragraph 82 and, on that basis, deny them
Responding further, the Windstream Defendants state that "billable units" is aself-defined and
n~isleadiilg term that lacks any basis in the text of the 911 Act, or in any other applicable Jaw,
and improperly cotlflates phone lines and phone numbers.
83.
ui7its" is aself-defined and misleading term that lacks any basis iiz the text ofthe 9L L Act, or in
any other applicable law, and improperly conflates phone lines and phone numbers.
84.
The Windstream Defendants de~1y that they failed to comply with governing law.
The Windstream Defendants otherwise lack sufficient knowledge, iiaformation or belief on which
to base a response to the remaining allegations of Paragraph $4 and, on that basis, deny them.
85.
The Windstream Defendants deny that they failed to comply with governing law.
The Windstream Defendants otherwise lack sufficient knowledge, information or belief on which
to base a response to the remaining allegations of Paragraph 85 and, on that basis, deny them.
86.
87.
The Windstreain Defendants deny that they failed to comply with governing law.
The Windstream Defendants otherwise lack sufficient knowledge, information or belief on which
to base a respo~~se to the remaining allegations of Paragraph 87 and, on that basis, deny them.
15
The Windstream Defendants admit that they took steps to ensure that they
complied with the governing law. Except as expressly admitted by the foregoing, the
Windstream Defendants deny the allegations in this paragraph.
89.
The Windstream Defendants admit that they took steps to ensure that they
complied with the governing law. The Windstream Defendants lack sufficient knowledge,
infoi-~ilation or belief on which to base a response to the remaining allegations of Paragrap1189
and, on that basis, deny them.
90.
91.
which to base a response to the allegations of Paragraph 91 and, on that basis, de~zy them.
92.
The Windstream Defendants deny that they failed to comply with governing law.
Responding further, the Windstream Defendants state that the allegations contained in Paragraph
92 describe the content of authorities or other materials referenced therein. Insofar as tlae
allegations of Paragraph 92 characterize or purport to interpret those authorities or other
materials, they are deiaied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
93.
which to base a response to the allegations of Paragraph 93 and, on that basis, deny them.
94.
9S.
The Windstream Defendants deny that they failed to comply with governing law.
The Windstreain Defendants otherwise lack sufficient knowledge, information or belief on which
to base a response to the remaining allegations of Paragraph 95 and, on that basis, deny them.
16
96.
The Windstrearn Defendants deny that they failed to comply with goverzaing law.
The Windstreain Defendants otherwise lack sufficient knowledge, information or belief on which
to base a response to the remaining allegations of Pa~~agraph 96 and, ova that basis, deny therri.
97.
The Windst~ea~n Defendants admit that Plaintiff can~aot state that the Windstream
Defendants failed to pay tlae correct amount of 911 taxes. The Windstream Defendants also
admit that the County did not request information from the Windst~eam Defendants related to
911 taxes prior to instituting this lawsuit. The Windstreanl Defendants lack sufficient
knowledge, information or belief on which to base a response to the remaining allegatio~zs of
Paragraph 97 a~1d, on that basis, deny them.
9$.
which to base a response to the allegations of Paragraph 98 and, on that basis, deny them.
99.
100.
The Windstream Defendants de~~y that they failed to comply with governing law.
The Wiiadstream Defendants otherwise laalc sufficient lalowledge, information or belief on which
to base a response to the remaining allegations of Paragraph 100 and, on that basis, deny them.
101.
The Windstream Defendants deny that they failed to comply with governing law.
Responding further, the Wi~ldstream Defendants state that the allegations contained in Paragraph
101 describe the content of authorities or other materials referenced therein. Insofar as the
allegations o~ Paragraph 101 characterize or purport to interpret those authorities or other
materials, they are denied. Tlae Windstream Defendants lack sufficient knowledge, information
or belief orn which to base a response to the remaining allegations of Paragraph 101 and, on that
basis, deny them.
102.
17
103.
104.
The allegations in this paragraph are directed at a party or parties other than the
Windst~~eam Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
105.
The allegations in this paragraph are directed at a party or parties other than the
Wi~ldstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
106.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
delay the allegations of this paragraph.
107.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
108.
The allegations in this paragraph are directed at a party or parties othe~~ than the
Windstream Defe~7dants. To the extent any response is required, tihe Windstream Defendants
deny the allegatioXls of this paragraph.
2. XO
109.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegatio~ls of this paragraph.
18
110.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To tlae extent any response is ~equired, the Windstream Defendants
deny the allegations of this paragraph.
111.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defenda~ats. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
112.
The allegations in this paragraph are directed at a party or pa~~ties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
113.
The allegations in this paragraph are directed at a party or parties other tha~a the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
de~1y the allegations of this paragraph.
3. Leve13
114.
The allegations in this paragraph are directed at a party ar parties other than tl~e
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
115,
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any respo~lse is required, the Windstream Defendants
deny the allegations of this paragraph.
116.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defetldants
deny the allegations of this paragraph.
19
117.
Tlae allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
118.
The allegations iia this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
4. Bandwidth
119.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations o~this paragraph.
120.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
121.
T11e allegations iii this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
122.
The allegations in this paragraph are directed at a party or parties other than the
Windstrearn Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
123.
The allegations in this paragraph are directed at a party or parties other than the
Windstrea~n Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
.~
5. Windstream
124.
The Windstream Defendants state that the allegatio~ls contained in Paragraph 124
describe the content of authorities or other materials referenced therein. Insofar as tl~e
allegations of Paragraph 124 characterize or purport to i~iterpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paiagiaph.
125.
Denied.
126.
Denied.
127.
Denied.
128.
Denied.
6. AT&T
129.
The allegatio~ls in this paragraph are directed at a pa~~ty or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
130.
The allegations in this paragraph are directed at a party or parties other than the
Windstrearn Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
131.
The allegations in this paragraph are directed at a party or panties other tha~l the
Windstream Defendants. To the extent any respo~ise is required, the Windstream Defendants
deny the allegations of this paragraph.
132.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations ofthis pa~~agraph.
21
133.
The allegations in t11is paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations o~this paia~raph.
7. Comcast
134.
The allegations in this paragraph are directed at a pa~~ty or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
135.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Wi~ldstream Defendants
deny the allegations of this paragraph.
136,
Tlae allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
137.
The allegations in this paragtaph are directed at a party or parties other than the
Windstreani Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
138.
The allegations in this paragraph are directed at a party or parties other than the
Windstzeam Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
8. RCN
139.
The allegations in this paragraph ate directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny tlae allegations of this paragraph.
22
140.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
141.
The allegations in this paragraph are directed at a party o~ parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this pa~agraph.
142.
The allegations in this paragraph are diX~ected at a party oi parties other than tlae
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
143.
The allegations its this paragraph are directed at a party oz parties other than the
Windstream Defendants. To the extent any respoiase is required, the Windstream Defendants
deny the allegations of this paragraph.
9. Broadview
144.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
de~iy the allegations of this paragraph.
145,
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
146.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any respoiase is required, the Windstream Defendants
deny the allegations of this paragraph.
23
147.
The allegations in this paragraph are directed at a patty or parties other than t11e
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
148.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
10. Netcarrier
149.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defenda~lts
deny the allegations of this paragraph.
150.
The allegations in this paragraph are directed at a party or parties other tha~~ the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph,
151.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
152.
The allegations in this paragraph are directed at a pax-ty or parties other than the
Windstream Defendants. To tl~e extent any response is required, the Windstreanl Defendants
deny the allegations of this paragraph.
153.
The allegations in this paragraph are directed at a party or parties other than the
Windstrealn Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
24
11. Peerless
154.
Tl~e allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any ~esponse is required, the Windstream Defendants
deny the allegations of this para~t~aph.
155.
The allegations in this paragraph are directed at a party or parties other tha~a the
Windstream Defenda~~ts. To the extent any response is required, the Windstraam Defendants
deny the allegatio~ls of this patagraph.
156.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, tale Windstream Defendants
deny the allegations of this paragraph.
157.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required., the Windstrean~ Defendants
deny the allegations of this paragraph.
158.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
12. YMax
159.
The allegations i~a this paragraph are directed at a party or parties other than the
Windstream Defexzdants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
160.
The allegations in this paragraph are directed at a party or patties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
25
161.
The allegations in this paragraph ai~e directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstreain Defendants
deny the allegations of this paragraph.
162.
The allegations in this paragraph are directed at a party or parties other than the
Windstream llefendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
163.
The allegations i~1 this paragraph are directed at a party or parties other than the
Windstreatn Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
13. CenturyLinlc
164.
The allegations in this paragraph are directed at a panty or parties other than the
Windstream Defezidants.. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
165.
The allegations in this paragraph are directed at a party or parties other than t11e
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
166.
The allegations in this paragraph are directed at a party ox parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
167.
The allegations in this paragraph are directed at a party oi~ parties other than the
Windstrea~n Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
7~
168.
The allegations in this paragraph are directed at a party or pa~ties other than the
Windstrea~n Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of t~lis paragraph.
14. Earthlink
169.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
170.
The allegations in this paragraph are directed at a party or parties other than the
Windst~~eam Defendants. To the extent any response is required, the Windstream Defendants
deny the allegatio~~s of this paragraph.
171.
The allegations in this paragraph a~~e directed at a paity or parties other than tJ1e
Windstrea~n Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations o~this paragraph.
172.
The allegations in this paragraph are directed at a party or patties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
173.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defe~~dants
deny the allegations of this paragraph.
15. Infinite
174.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extetlt any response is required, the Windstream Defendants
deny the allegations of this paragraph.
27
175.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Wii~dstream Defendants
deny the allegations of this paragraph.
176.
The allegations in this paragraph are diiected at a party of parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
177.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream DefeX~dants
deny the allegations of this paragraph.
178.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
16. Core
179.
T11e allegations in this paragraph are directed at a party or parties othe~~ than the
Windstream Defendants. To the extent any response is required, the Windstream Defe~ldants
deny the allegations of this paragraph.
180.
The allegations in this paragraph aie directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegatio~ls of this paragraph.
181.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
182.
The allegations in this paragraph are diiected at a party or parties other than tlae
Windstreain Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
183.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defe~ldants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
17. Inteliquent
184.
The allegations in this paragraph are directed at a party or parties other Haan the
Wi~adstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
185.
The allegations in this paragraph are directed at a party oz~ parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
186.
The allegations in this paragraph are directed at a party or parties othei than the
Windsheam Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
187.
The allegations in this paragraph are directed at a panty or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
deny the allegations of this paragraph.
188.
The allegations in this paragraph are directed at a party or parties other than the
Windstream Defendants. To the extent any response is required, the Windstream Defendants
dezly the allegations of this paragraph.
29
FIRST COUNT
Breach of Fiduciary Duty
189.
require no response. To the extent any response is required, the Windstream Defendants deny the
allegations of Paragraph 190.
191.
require no response. To the extent any response is required, the Windstream Defendants deny the
allegations of Paragraph 191.
192.
require do response. To the extent any response is required, the Windstreain Defendants deny the
allegations of Pa~agraph 192.
193.
194.
195.
The Windstrearn Defendants state that the allegations contained in Paragraph 196
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 196 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
.~'~1
197.
The Windstream Defendants state that the allegations contained in Paragraph 197
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 197 characte~ize or purport to interpret those authorities or other
materials, they are denied. Except as exp~~essly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
198.
The Windstream Defendants state that the allegations contained in Paragraph 198
describe the content of authorities or other materials refe~~enced therein. Insofar as the
allegations of Paragraph 198 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
199.
The Wizadstream Defendants state that the allegations contained in Paragraph 199
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 199 characterize or purport to interpret those authorities or other
materials, they axe denied. Except as expressly admitted by the foregoing, the Windstream
Defendants de~iy the allegations in this paragraph.
200.
require no response. To the extent any response is required, the Windstream Defendants deny the
allegations of Paragraph 200.
201.
require no response. To the extent any response is required, the Windstream Defendants deny the
allegations of Paragraph 201.
202.
which to base a response to the allegations of Paragraph 202 and, on that basis, deny them.
31
203.
which to base a response to the allegations of Paragraph 203 and, on that basis, deny them.
204.
205.
206.
207.
208.
209,
require no response. To the extent any response is required, the Windstream Defendants deny the
allegations of Paragraph 210.
211.
The Windstream Defendants state that the allegations contained ii1 Paragraph 211
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 211 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
212.
The Windstream Defendants state that the allegations contained in Paragraph 212
describe the content of authorities or other materials referenced therein. Insofar as the
allegations of Paragraph 212 characterize or purport to interpret those authorities or other
materials, they are denied. Except as expressly admitted by the foregoing, the Windstream
Defendants deny the allegations in this paragraph.
32
213.
214.
require Sao response. To the extent any response is required, the Windstream Defendants deny the
allegations of Paragraph 214.
215.
which to base a response to the allegations of Paragraph 215 and, on that basis, deny them.
216.
which to base a response to the allegations of Paragraph 216 and, on that basis, deny them.
217.
218.
219.
220.
221.
222.
223.
224.
require no response. To the extent any response is required, the Windstreain Defendants deny the
allegations of Paragraph 225.
33
226.
require no response. To the extent any response is required, the Windstream Defendants deny the
allegations of Paragraph 226.
227.
228.
Denied.
NSW MATTER
1.
Complaint not specifically responded to or admitted herein. Without excusing Plaintiff's burden
of proof or admitting that the Windstream Defendants have any burden of proof, the Windstream
Defendants assert the following New Matter in response to the Amended Complai~lt. The
Windstream Defendants reserve all rights to assert additional New Matter as they become lcnowil
in the course of discovery. The Windstream Defendants incorporate by reference the
admissions, allegations, and denials contained in their Answer as if fully set forth herein.
2.
To the extent Plaintiff sustained injury or damage as alleged iii its Amended
Complaint, which is denied, said injury or damage was not proximately caused by any act ar
omission on the pait of, or which play be imputed to, the Windstream Defendants.
4.
Plaintiff's claims against the Witldstream Defendants are barred by 1 Pa. Cons.
Stat. Ann. 1504, because the rights, duties, and obligations set forth in the "911 Act," 35 Pa.
Cons. Stat. Ann. 5301, et seq., may only be enforced by the Pennsylva~~ia Emergency
Management Agency("PEMA").
5.
6.
8.
Plaintiff's claims against the Wiiadstream Defendants are barred for want of
of any special damages, puiaitive damages, and/or attorney's fees and, in any case, such damages
and fees are unproper, unwarranted, not authorized by law the parties' conduct and are
prohibited or limited by the Constitution of the United States aiad otlae~~ relevant jtiuisdictions
and/or by statute or case law.
12.
Plaintiff did not suffer any cognizable damages and/or failed to mitigate its
purported damages.
13.
Plaintiff's claims are barred because its alleged damages, if any, are too
speculative and uncertain. Plaintiff relies on a formula that erroneously co~lflates phone liiaes,
phone numbers, and "billable units," and improperly allocates damages on the basis of
assumptions of market share.
14.
indemnification or hold harmless provisions that may exist by co~ltract or otherwise and any
related terms thereunder.
35
15.
Plaintiff's claims against the Windstream defendants are barred because Plaintiff
failed to perform all conditions on its part precedent to recovery in this action, including, without
limitation, Plaintiff's failure to exhaust and exercise statutory remedies.
16.
Plaintiff's claims against tlae Windstream Defendants are barred because Plaintiff
Plaintiff lacks statlding to bring the claims asserted in the Amended Complaint
because the 911 Act creates no right of action for the claims alleged.
18.
Windstream Defendants have made no misrepresentations to Plaintiff of any fact material to the
claims alleged in the Amended Complaint.
19.
matter of law. The Windstream Defendants have made no misrepresentations to Plaintiff of any
fact material to tl~e chinas alleged in t11e Amended Complaint. Plaintiff also cannot establish that
it reasonably relied to its detrime~it.
21.
Defendants have never had the ability to alter Plaintiff's relationship with any third party.
Furthermore, the Windstream Defendants have never maintained or exercised overmastering,
one-sided influence or control over information related to Plaintiff's claims.
22.
Plaintiff's claims are bailed because it has failed to prove damages attributable to
any act or omission by the Windstream Defendants. The Windstream Defendants have collected
from their customers and remitted to Plaintiff all 911 taxes required by law. Plaintiff's claims
36
are entirely based on its allegations that the amount of 911 taxes that the Windstream Defe~zda~lts
have collected from customers is less than the amount required to be collected by the 911 Act.
23.
25.
Because of the lack of clear standards in the Pemisylvania 911 Act, any
imposition of damages against the Windstream Defendants would violate the due process
guarantees of the U.S. and Pennsylvania constitutions.
PRAYER FOR RELIEF
WHEREFORE,the Windstream Defe~~dants respectfully request that this Court:
1. Dismiss Plaintiff's claims, with prejudice;
2. Enter judgment in favor of the Windstream Defendants as to all claims;
3. Award the Windstream Defendants their reasonable attorneys' fees and costs incurring in
defending this action; and
4. Grant such other and further relief as this Court deems just and proper.
37
submitted,
CERTIFICATE OF SERVICE
I, Jason A. Levine, hereby certify that on May 16, 201.6, I caused the foregoing
Answer and New Matter to be served via First Class mail on Plaintiff's counsel and via e-snail
upon other counsel, per agreement of counsel, as follows:
Michael P. Donahue
Allison D. Rule
Jane L. Wagner
MARASHLIAN & DONAHUE,LLC
The Con~mLaw Group
1420 Spring Hill Road, Suite 401.
McLean, Virgi~aia 22102
Telephone:(703) 714-1300
Facsimile:(703)563-6222
mpd(a~con~mlawgroup.com
adr@commlawgroup.com
jlw(a~coinmlawgroup.com
Thomas A. Leonard
Michael Eichert
OBERMAYER REBMANN
MAXWELL & HIPP~L LLP
One Penn Center, 19th floor
1617 Jolul F. Kennedy Blvd.
Philade1p11ia, PA 19103-1895
Telephone:(215)665-3174
Facsimile:(215)665-3165
thomas.leonard(cr~,obermayer.coin
ialichael.eichert(a~obermayer.com
-and-
-andWilliam L. Stang
Richard L. Holzworth
FOX ROTHSCHILD LLP
625 Liberty Avenue, 29th Floor
Pittsburgh, PA 1 5222-31 1 5
wstang@foxrotlaschild.com
rholzworth@foXrothschild.com
Attorneysfor Defe~zd~r~zt Ban~lwrdth.com
CLEC,LLC
John K. Gisleson
Daniel Caimeli
MORGAN,LEWIS & BOCKIUS LLP
One Oxford Centre, 32nd Floor
Pittsburgh, PA 15219
Telephone:(412) 560-7435
jgisleson(cr~,morganlewis.com
Renardo Hicics
R. L. HICKS &ASSOCIATES
4740 Mountain View Road
Harrisburg, PA 17110
Telephone: (717)260-2060
Facsimile: (717)260-3072
rlh(a~rlhicicslaw.com
~~
-and-
Russell M. Blau
MORGAN,LEWIS & BOCKIUS LLP
2020 K Street, N.W.
Washington, DC 20006-1806
Telephone: (202) 373-6035
russell.blau(a~morganlewis.com
Dan Barnowsici
DENTONS
1301 K Street NW,Suite 600, East Tower
Washington, D.C. 20005
dan.barnowslci(a~dentot~s.com
Attorneysfog Defendant XO
Co~rzmunications Services, Inc.
Matthew A. White
BALLARD SPAHR LLP
1735 Market Street
Philadelphia, Pa 19103
Tele~ho~ze: (215) 864-8849
WhiteMA(aballardspal~r.com
- and-
Wayne C. Stansfield
Daniel M. Dixon
READ SMITH
Three Logan Square
1717 Arch Street, Suite 3100
Philadelphia, PA 19103
Telephone:(215)-851-8100
wstansfield~reedsmith.com
ddixon~cr~,reedsmith.com
Michael A. Gruin
STEV~NS &LEE
17 N. 2nd Street, 16th Fl.
Harrisburg, PA 17101
Telephone:(717) 255-7365
Facsimile:(610)988-0852
mag crstevenslee.com
Attorneysfor Defendants EarthLink
Business, LLC and Core Communications,
Inc.
William M. Connolly
DRINKER BIDDLE & REATH LLP
One Logan Square, Ste. 2000
Philadelphia, PA 19103-6996
Telephone:(215)988-2753
Facsimile:(215)988-2757
William.connolly~a dbr.com
- and
Scott H. Angstreich
Jeremy S. Newman
KELLOGG,HUBER, HANSEN,
TODD,EVANS & FIGEL,P.L.L.C.
1615. M Street, N.W., Suite 400
Washington, DC 20036
Telephone:(202) 326-7969
Facsimile:(202) 326-7999
Attorneysfor Defendants AT&T Corp. nncl
Teleport Communications America, LLC
Paul J. Greco
BUCHANAN INGERSOLL & ROONEY PC
Two Liberty Place
50 S. 16th Street, Suite 3200
Philadelphia,PA 19102
Telephone:(215)-655-3814
paul.greco@bipc.com
-andJohn F. Povilaitis
BUCHANAN INGERSOLL & ROONEY PC
409 North Second Street, Suite #500
Harrisburg,PA 17101-1357
Telephone:(717)-237-4825
Facsimile:(717)-237-0852
john.povilaitis@bipc.com
Attorneysfor Defendant RCN Telecom
Services ofPlziladelplaia, LLC
Steven A. Augustino
KELLY DRYE &WARREN LLP
Washington Harbour, Suite 400
3050 K Street, NW
Washington, DC 20007
Telephone:(202) 342-8612
saugustino@kellydrye.com
-and-
Charles C. Hunter
BROADVIEW NETWORKS,INC
800 Westchester Avenue, Suite N-501
Rye Brook, New York 10573
Telephone:(610)-755-4336
chunter@broadviewnet.com
Attorneysfor Defendant Broadview
Networks,Inc.
Marls Halpern
Helena Tsourous
HALPERN &LEVY,PC
1204 Township Line Rd.
Drexel Hill, PA 19026
Telephone:(610)668-5454
Facsimile:(610)668-5455
Attorneysfor Defendant Infinite
Communic~ction LLC
ti
J on A. Lev' e