Time Warner Entertainment-Advance/Newhouse Partnership v. Carteret-Craven Electric Membership Corp.

ORDER

DEVER, District Judge.

On November 2, 2005, plaintiff Time Warner Entertainment-Advance/New-house Partnership (“plaintiff’ or “TWE-AN”) filed suit for declaratory relief against defendant Carteret-Craven Electric Membership Corporation (“defendant” or “CCEMC”) relating to the pole-attachment rate that defendant is attempting to charge plaintiff for attaching its cables to defendant’s utility poles. On December 27, 2005, defendant filed a motion to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, which plaintiff opposed. On February 7, 2006,…