Celcom

MEMORANDUM *

In this diversity action, J&J Celcom and other former owners of fractional interests in nine general cellular telephone partnerships (“minority owners”) appeal an adverse summary judgment of the United States District Court for the Western District of Washington in favor of AT&T Wireless Services and several of its wholly-owned subsidiaries (“AWS”). The minority owners also appeal the district court’s denial of their motion for partial summary judgment and its orders excluding a late-filed expert witness report.

The minority owners assert that AWS’s non-voluntary acquisition of their interests breached the partnership agreements, the implied covenant of good faith and fair dealing, and AWS’s fiduciary duties of loyalty and care. The minority owners also allege that AWS charged excessive fees for certain roaming and switch-sharing services that failed to take into account its actual costs of providing the services, thereby committing a breach of AWS’s duty of care and the implied covenant of good faith.

*618 We have jurisdiction under 28 U.S.C. § 1291 . We will provide a full recitation of the facts underlying this case when we file the Order certifying a question…