Discovery

The parties have begun formal discovery. At the PHC, counsel for Telscape stated that Telscape had served data requests, might serve follow-up data requests, and intended to take depositions. Counsel for Pacific stated that Pacific would serve data requests and reserved the right to take depositions.

At the PHC, counsel for Pacific suggested that Pacific might file a dispositive motion on part or all of the DSL claims, particularly if it appeared that extensive discovery would be involved in preparing these issues for the EH. The parties agreed to address any discovery problems related to those issues promptly and to work to minimize the need for any additional motions.

In view of the schedule for this proceeding, set forth below, it is important that any discovery disputes be resolved promptly. The parties must promptly meet and confer in a good faith effort to resolve any disputes. If that fails, any party may promptly file a written motion in accordance with Rule 45 and schedule it for a Law and Motion session.

Parties shall follow the requirements set forth in the Appendix regarding prepared written testimony and exhibits.