Judge to Convene April 26 Hearing on ‘Next Steps’ in T-Mobile v. Roswell
U.S. District Judge Amy Totenberg for Northern Georgia in Atlanta understands that neither plaintiff T-Mobile nor defendant Roswell, Georgia, will file an interlocutory appeal of her March 17 opinion and order, said an order she signed Monday (docket 1:10-cv-01464) on…
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“next steps in the case” for resolving the parties’ pending motions for summary judgment. Her opinion and order said the FCC’s September 2018 small-cells declaratory ruling can’t be applied retroactively to Roswell’s 2017 denial of T-Mobile’s cell tower application (see 2303210036). Before holding a telephone status conference that Totenberg scheduled for April 26 at 2 p.m., she wants counsel and clients to confer over whether the parties should proceed with the previously continued evidentiary hearing before the court from 2018, said her order. She asked how that can be done “in the most efficient manner feasible given the passage of time, the potential availability of new additional alternative sites, and the business, technological, and resource developments that have occurred since 2018.” She also asked whether it would “make sense” to proceed with an amended or new T-Mobile tower application and hearing before the Roswell city council, “given the passage of time since the last application,” and other “considerations” and “relevant factors,” said her order.