Telesaurus Vpc v. Randy Power

MEMORANDUM

Plaintiff-Appellant Telesaurus VPC appeals from the district court’s orders granting summary judgment to the defendants and imposing sanctions under Federal Rule of Civil Procedure 11. We affirm.

This appeal is the latest chapter of long-running litigation between Telesaurus and RadioLink over the use of certain radio frequencies. In an earlier appeal, we affirmed the district court’s dismissal of all of Telesaurus’ claims, but remanded to the district court to permit Telesaurus an opportunity to amend the complaint to state a claim under 47 U.S.C. § 206 against a common carrier. Telesaurus VPC, LLC v. Power, 623 F.3d 998 (9th Cir.2010).

On remand, Telesaurus amended its complaint to assert, using only the conclu-sory language of the statute, that RadioL-ink was a common carrier within the applicable definition. The district court then granted RadioLink’s motion for summary judgment, concluding that, on the record before it, there was no basis for any finding that RadioLink was a common carrier.

Telesaurus’ principal argument throughout the litigation to support common carrier status has been that RadioLink was using frequencies presumptively reserved for common…