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Eschelon Telecom, Inc. v. Federal Communications Commission United States of America
Citations: 345 F.3d 682; 2003 U.S. App. LEXIS 20010Docket: 03-3212
Court: Court of Appeals for the Eighth Circuit; September 30, 2003; Federal Appellate Court
The case involves a review of a Federal Communications Commission (FCC) order, specifically the "Order on Remand," which is the FCC's third attempt to align its decisions with the Telecommunications Act of 1996, following a previous order that was vacated and remanded by the D.C. Circuit. Various parties filed petitions for review in multiple circuits, except the Tenth, leading to the Judicial Panel on Multidistrict Litigation transferring the petitions to the Eighth Circuit. Movants requested a transfer of the cases to the D.C. Circuit, citing 28 U.S.C. § 2112(a)(5), which allows for such transfers for convenience and continuity when related proceedings have been previously under review in another circuit. The court recognized that the FCC's Order on Remand was partly issued on remand from the D.C. Circuit, making it appropriate for that court to hear the petitions for review. Consequently, the Eighth Circuit granted the request to transfer all consolidated cases, including any related motions, to the United States Court of Appeals for the D.C. Circuit. The transfer aligns with the interests of justice, continuity of proceedings, and the convenience of the parties involved, as many have counsel based in D.C. Additionally, pending petitions for mandamus related to the D.C. Circuit's mandate further support this venue choice.