181217.1

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

FARMERS TELECOMMUNICATIONS )

COOPERATIVE, INC., )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 2:06-cv-00790-WC

)

VERIZON BUSINESS NETWORK )

SERVICES INC. and QWEST )

COMMUNICATIONS CORPORATION, )

)

Defendants. )

DEFENDANT QWEST COMMUNICATIONS CORPORATION’S 

ANSWER TO AMENDED CROSS-CLAIM

Defendant Qwest Communications Corporation (“Quest”) answers and responds to the 

amended cross-claim (“Cross-claim”) asserted against it by Verizon Business Network Services 

Inc. (“Verizon”) as follows:

ANSWER TO CROSS-CLAIM

1. Qwest denies the allegations of paragraph 1.

2. Qwest denies the allegations of paragraph 2.

3. Qwest denies the allegations of paragraph 3.

COUNT ONE

4. Qwest denies the allegations of paragraph 4.

5. Qwest denies the allegations of paragraph 5.

6. Qwest denies the allegations of paragraph 6.

7. Qwest admits that Verizon seeks the relief specified in paragraph 7, but denies 

that Verizon is entitled to any relief against Qwest.

Case 2:06-cv-00790-WC Document 48 Filed 05/23/2007 Page 1 of 6
181217.1

COUNT TWO

8. Qwest denies the allegations of paragraph 8.

9. Qwest denies the allegations of paragraph 9.

10. Qwest denies the allegations of paragraph 10.

11. Qwest admits that Verizon seeks the relief specified in paragraph 11, but denies 

that Verizon is entitled to any relief against Qwest.

PRAYER FOR RELIEF

For answer to Verizon’s prayer for relief, Qwest denies that Verizon is entitled to the 

relief requested, and specifically denies that Verizon is entitled to any relief against Qwest.

FIRST AFFIRMATIVE DEFENSE

Verizon’s claims are barred, in whole or in part, by the applicable statute(s) of 

limitations, or by FCC precedent for back billing.

SECOND AFFIRMATIVE DEFENSE

Verizon’s claims are barred, in whole or in part, by applicable contract or tariff 

provisions that contain its own limitation of action and/or back billing provisions that are not as 

long as applicable statute(s) of limitations or FCC precedent for back billing.

THIRD AFFIRMATIVE DEFENSE

Verizon’s claims are barred by the doctrines of estoppel, waiver, laches and ratification.

FOURTH AFFIRMATIVE DEFENSE

Verizon’s claims are barred, in whole or in part, by the doctrine of exclusive and/or 

primary jurisdiction.

Case 2:06-cv-00790-WC Document 48 Filed 05/23/2007 Page 2 of 6
181217.1

FIFTH AFFIRMATIVE DEFENSE

Verizon’s claims are barred by the doctrines of contributory negligence and/or 

assumption of risk and/or in pari delicto.

SIXTH AFFIRMATIVE DEFENSE

Verizon failed to take all reasonable steps to mitigate damages.

SEVENTH AFFIRMATIVE DEFENSE

Any service provided was provided pursuant to applicable tariffs on file with the Federal 

Communications Commission and/or the Alabama Public Service Commission. The terms and 

conditions of the services supplied are governed entirely by applicable tariff. Verizon’s claims 

are therefore barred, in whole or in part, by application of the filed tariff doctrine.

EIGHTH AFFIRMATIVE DEFENSE

The only claims and representations with respect to the provisioning of tariffed services 

that are actionable are those set forth in published tariffs.

NINTH AFFIRMATIVE DEFENSE

Any damage Verizon alleges to have suffered is due solely and totally to the acts and 

omissions of other parties for whom Qwest has no responsibility or control.

TENTH AFFIRMATIVE DEFENSE

Qwest is not liable because it has acted in good faith and in conformity with the rates, 

terms and conditions of any applicable tariff or tariffs and/or regulations.

ELEVENTH AFFIRMATIVE DEFENSE

The Cross-claim is barred, in whole or in part, because Verizon and/or Farmers has 

unclean hands.

Case 2:06-cv-00790-WC Document 48 Filed 05/23/2007 Page 3 of 6
181217.1

TWELFTH AFFIRMATIVE DEFENSE

Qwest’s claims are barred by the voluntary payment doctrine.

THIRTEENTH AFFIRMATIVE DEFENSE

The Cross-claim fails to state a claim upon which relief can be granted.

FOURTEENTH AFFIRMATIVE DEFENSE

Qwest’s state law claims are preempted, in whole or in part, by The Federal 

Communications Act, 47 U.S.C. §§ 151 et seq. (“the Act”) of 1934, as amended.

FIFTEENTH AFFIRMATIVE DEFENSE

Qwest denies all allegations of the Cross-claim not specifically admitted herein.

SIXTEENTH AFFIRMATIVE DEFENSE

The Cross-claim is barred, in whole or in part, by breach of contract and/or tariff by 

Verizon and/or Farmers.

SEVENTEENTH AFFIRMATIVE DEFENSE

Qwest denies that its conduct is the proximate cause of any injury or damage to Verizon 

and denies that Verizon is entitled to any relief from Qwest.

EIGHTEENTH AFFIRMATIVE DEFENSE

Qwest reserves the right to amend this answer and plead any additional defenses, 

counterclaims or cross-claims which may arise in the course of the litigation.

Case 2:06-cv-00790-WC Document 48 Filed 05/23/2007 Page 4 of 6
181217.1

Respectfully submitted on this 23rd day of May, 2007.

/s Robin G. Laurie

Robin G. Laurie (ASB-4217-U64R)

One of the Attorneys for Defendant Qwest 

Communications Corporation

Balch & Bingham LLP

105 Tallapoosa Street, Suite 200

Montgomery, Alabama 36101

Telephone: (334) 834-6500

Fax: (334) 269-3115

Email: rlaurie@balch.com

Joseph Seawell Moore (ASB-9146-077M)

Balch & Bingham LLP

105 Tallapoosa Street, Suite 200

Montgomery, Alabama 36101

Telephone: (334) 834-6500

Fax: (334) 269-3115

jsmoore@balch.com

CERTIFICATE OF SERVICE

I hereby certify that on this 23rd day of May, 2007, I electronically filed the foregoing 

with the Clerk of the Court using the CM/ECF system which will send notification of such filing 

to the following:

Jonathan M. Hooks (HOO032)

Mark D. Wilkerson (WIL072)

Dana H. Billingsley (BIL012)

Wilkerson & Bryan, P.C.

P. O. Box 830

405 South Hull Street

Montgomery, Alabama 36101-0830

Telephone: (334) 265-1500

Fax: (334) 265-0319

mark@wilkersonbryan.com

dana@wilkersonbryan.com

jonathan@wilkersonbryan.com

Case 2:06-cv-00790-WC Document 48 Filed 05/23/2007 Page 5 of 6
181217.1

Patrick H. Tate (TAT006)

P. O. Box 680593

Fort Payne, Alabama 35968

Telephone: (256) 845-1047

Fax: (256) 845-1094

phtate@farmerstel.com

Bryan O. Balough (BAL026)

Starnes & Atchison

P. O. Box 598512

Birmingham, Alabama 35259-8512

Telephone: (205) 868-6000

Fax : (205) 868-6099

bob@starneslaw.com

/s Robin G. Laurie

Robin G. Laurie (ASB-4217-U64R)

One of the Attorneys for Defendant Qwest 

Communications Corporation

Balch & Bingham LLP

105 Tallapoosa Street

Suite 200

Montgomery, Alabama 36101

Telephone: (334) 834-6500

Fax: (334) 269-3115

Email: rlaurie@balch.com

Case 2:06-cv-00790-WC Document 48 Filed 05/23/2007 Page 6 of 6