Charter, Yuma Far Apart in Ariz. Universal Video Franchising Fight
Charter’s Spectrum Pacific West subsidiary and the city of Yuma, Arizona, couldn’t agree on the “substance and content” of their joint status report, said their filing Friday (docket 2:20-cv-01204) in U.S. District Court for Arizona in Phoenix. Charter sued Yuma…
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in June 2020 over the city's alleged refusal to comply with Arizona's universal video franchising law. Yuma’s counterclaims assert Charter’s lawsuit breached the indefeasible right of use agreement that Time Warner Cable, Charter's predecessor company, signed with the city over use of Charter’s fiber capacity. Yuma intends to file a motion for summary judgment on its counterclaim against Charter for breach of contract, “but before filing the summary judgment motion, would also agree to mediation of its claimed damages,” said their joint filing. Charter argues the city “failed to provide an overview of the basis for the proposed motion,” it said. Yuma’s proposed dispositive motion “would be fruitless,” because the city “already agreed with Charter to file a joint stipulation of dismissal of Charter’s claims,” rendering Yuma’s counterclaims moot, it said. “Charter objects to any dispositive motion briefing.” In light of the joint stipulation for dismissal, Charter “objects to all mediation,” it said. Yuma believes the case would be suitable for a settlement conference with a magistrate judge, said the city.