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North American Catholic Educational Programming Foundation, Inc., et al. v. Clearwire Spectrum Holdings II LLC, et al. (Lawyers Weekly No. 09-023-18)

COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION No. 15-3118 BLS 2 NORTH AMERICAN CATHOLIC EDUCATIONAL PROGRAMMING FOUNDATION, INC. et al.[1] Plaintiffs vs. CLEARWIRE SPECTRUM HOLDINGS II LLC, CLEARWIRE LEGACY LLC and SPRINT SPECTRUM, L.P., Defendants MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ MOTION TO STAY ACTION Plaintiffs are non-profit entities that hold licenses from the Federal Communications Commission (FCC) to operate Educational Broadband Services (EBS) channels in certain geographic markets. In 2006, plaintiffs granted access to a portion of their wireless communication spectrum to defendants Clearwire Spectrum Holdings LLC and Clearwire, Legacy, LLC (Clearwire) pursuant to various written Agreements, including Master Royalty and Use Agreements (MRUAs). The defendant Sprint Spectrum L.P. (Sprint) subsequently acquired all the stock in Clearwire’s parent, and a dispute arose between Sprint and the plaintiffs as to what services Sprint was obligated to provide plaintiffs’ customers. Plaintiffs took the position that Clearwire had effectively sublicensed its use of the broadband spectrum to Sprint, and that, pursuant to the Agreements, this required plaintiffs’ consent – consent which they were entitled to withhold unless Sprint agreed to provide broadband access to plaintiff’s customers that was equivalent to what Clearwire itself would have provided had there been no sublicense. Plaintiffs filed this lawsuit in October 2015 seeking equitable relief and specific performance. In November 2015, this Court allowed plaintiffs’ Motion for a Preliminary Injunction, concluding that plaintiffs had demonstrated a substantial likelihood of prevailing on the merits. The injunction among other things required defendants to maintain Cost Free Educational Accounts (CFEAs) that entitle plaintiffs’ customers to access the Clearwire broadband network free of charge. On June 24, 2016, this Court allowed plaintiffs’ Motion for Partial Summary Judgment as to Count One of the Complaint, which focused on the single issue of consent. After some period of negotiation seeking a global resolution, two of the six plaintiffs in the instant action filed arbitration claims seeking damages, the MRUAs requiring them to pursue any monetary remedy in that forum. Defendants now move to stay this action until the arbitration is concluded. This Court concludes that this Motion must be DENIED. In support of the motion, defendants cite the broad arbitration provision in the MRUAs and argue that under the Federal Arbitration Act, it would be an abuse of discretion not to stay the instant action because the claims its raises substantially overlap with those issues being presented to a three member arbitration panel. A stay is appropriate, they argue, in order to avoid duplicative discovery and the risk of inconsistent results. In response, the plaintiffs contend that there is no overlap between the claims that they assert […]

Roman Catholic Archbishop of Boston v. Rogers, et al. (Lawyers Weekly No. 11-161-15)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 15-P-839 Appeals Court ROMAN CATHOLIC ARCHBISHOP OF BOSTON vs. JON ROGERS & others.[1] No. 15-P-839. Norfolk. July 22, 2015. – October 14, 2015. Present: Vuono, Carhart, & Blake, JJ. Religion. Church. Jurisdiction, Ecclesiastical controversy. Real Property, Trespass. Trespass. Practice, Civil, Motion to dismiss, Jury trial, Standing, Continuance, Injunctive relief. Civil action commenced in the Superior Court Department on March 10, 2015. A motion to continue was heard by Edward P. Leibensperger, J., and the case was heard by him. Mary Elizabeth Carmody for the defendants. William J. Dailey, Jr., for the plaintiff. CARHART, J. This case arises from the suppression of St. Frances X. Cabrini Church in Scituate (church).[2] The defendants are former parishioners of the church who have maintained an around-the-clock, seven-days-per-week vigil since the decree of suppression entered in October, 2004. In February, 2015, the Roman Catholic Archbishop of Boston (RCAB) notified the defendants that they must end their vigil and leave the church or face legal action. The defendants refused to leave and the RCAB instituted this action for declaratory and injunctive relief. Following a bench trial before a judge in the Superior Court, judgment entered against the defendants declaring them to be trespassers and permanently enjoining them from entering on church property. This appeal followed.[3] On appeal, the defendants argue that the judge made several erroneous pretrial rulings, including denying their motion to dismiss and declining their demand for a jury trial. They further contend that facts found by the judge in support of the trespass claim were clearly erroneous. We affirm. Background facts. We outline the relevant facts, reserving discussion of some facts for the issues raised. The RCAB is a corporation sole organized under c. 506 of the Acts of 1897. It is the record owner of the property located at 27-31 Hood Road, Scituate, on which the church stands. In May, 2004, the Archbishop of Boston, Cardinal Seán O’Malley, announced that the church would be closed as part of the RCAB’s ongoing “reconfiguration process.” He issued a decree suppressing the church on October 5, 2004, which became effective on October 29, 2004. Under the Universal Law of the Roman Catholic Church (canon law), the suppression of the church meant that the church no longer was part of a designated Roman Catholic parish. In July, […]