Response of Applicants
In its response to ORA's Cross-Motion, Applicants argue that no "foreseeable problems in completing discovery" as discussed in ORA's motion (see Mot. at 12-13) are ripe for resolution by the ALJ. Applicants agree to continue to respond to ORA's discovery consistent with the June 22 Ruling and the ALJ's prior rulings, and to meet and confer with ORA to resolve any disagreements regarding Applicants' responses should they arise. Applicants also agree to meet and confer with ORA regarding its deposition notice of John Polumbo and James Kahan, in the hopes that it will not be necessary to bring that matter before the ALJ.2 Because these depositions are not scheduled to take place until July 26 and July 28, however, Applicants believe that parties will have an adequate opportunity to meet and confer in an attempt to resolve differences. Applicants thus argue it would be premature for the ALJ to rule on these issues prior to the meet and confer session.
2 SBC explains that it previously objected to ORA's deposition to Mr. Kahan on the grounds that Mr. Kahan was unavailable on the dates ORA identified; that if it went forward the deposition would have to take place in San Antonio, where Mr. Kahan resides; that the notice calls for the re-production of documents previously produced by SBC; and that the deposition was not limited in duration in accordance with federal law and reasonable application of California law. Applicants indicate that they anticipate discussing these and any other issues with ORA during meet and confer, and bringing these matters to the ALJ for resolution only if they cannot be resolved to the mutual satisfaction of the parties.
