Genenbacher v. Centurytel Fiber Co. II, LLC

OPINION

SCOTT, District Judge.

This matter comes before the Court on Defendant CenturyTel Fiber Company II, LLC, d/b/a LightCore, a CenturyTel Company’s (LightCore) Motion to Dismiss (d/e 6). The Court previously denied class certification. Opinion entered April 3, 2007 (d/e 20). Therefore, only the individual claims of Plaintiffs Melvin and Patricia Genenbacher are now before the Court. The Genenbachers allege that Digital Tele-port, Inc. (DTI) tortiously installed and operated an underground network of fiber optic cable (Network) on their property without proper authority. They allege that…