The June 12 Hearing on the Reclamation and Reprinting Plan

A ruling on Cox's preliminary injunction motion was never issued, because on June 8, 2000, Cox and Pacific agreed to settle their dispute. Pacific and Cox stated that as part of the settlement, they had "agreed on an extensive program to recover and destroy promptly the tainted directories and to correct third-party listings. In addition, the agreement includes a plan for an accelerated reprinting and republication of new, corrected directories."⁵

On June 12, 2000, a hearing that had originally been scheduled to consider Cox's preliminary injunction motion was instead devoted to receiving testimony on the details of the reclamation and reprinting plan. Under the plan (the actual implementation of which is described more fully below), Cox and Pacific proposed to send customers a letter along with a special bag into which the customers could insert the tainted directory, which would then be picked up. Cox and Pacific also proposed to make several follow-up visits to ensure that they could retrieve as many of the tainted directories as possible, followed by a distribution of new, corrected directories.

The hearing witnesses could not state precisely when the corrected directories would be available, because Pacific was still trying to purchase on the spot market the large quantity of paper needed to reprint the directories. Pacific witness Henry Arnold also testified that in a routine redistribution situation-which this obviously was not-a retrieval rate of 30 to 50% could be expected for old directories. (Tr. 7584.)

At the conclusion of the hearing, the assigned ALJ instructed Pacific and Cox to file weekly status reports on the progress of their retrieval and redistribution plan. The first of these reports was filed on June 19, 2000.