Discussion

Qwest's motion has not justified its request for a deposition. Such a request would be in violation of the adopted schedule, as noted above. On that basis, the request is denied. It would unduly jeopardize the integrity of the schedule to authorize Qwest to conduct a new deposition at this late date. Although Qwest may not be entirely satisfied with the extent of discovery responses it has received (or will yet receive) relating to its data requests, Qwest has not made a convincing showing that a deposition should also be compelled at this late date. Likewise, in view of the due process concerns raised by Level 3, it would not be appropriate to schedule the deposition to occur after the close of evidentiary hearings.