IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
April 26, 2010
PAETEC COMMUNICATIONS, INC., ET AL.
MCI COMMUNICATIONS SERVICES, INC. D/B/A VERIZON BUSINESS SERVICES, ET AL.
The opinion of the court was delivered by: Stewart Dalzell
AND NOW, this 26th day of April, 2010, upon consideration of plaintiffs'*fn1 motion for summary judgment (docket entry # 27), defendants MCI Communications Services, Inc., d/b/a Verizon Business Services and Verizon Global Networks, Inc.'s (collectively, "Verizon") motion for partial summary judgment (docket entry # 26), the responses thereto, Verizon's motion for leave to file a supplemental declaration (docket entry # 30), and PAETEC's response thereto (docket entry # 31), and in accordance with the accompanying Memorandum, it is hereby ORDERED that:
1. PAETEC's motion for summary judgment is GRANTED IN PART and DENIED IN PART as described in the foregoing Memorandum;
2. Verizon's motion for partial summary judgment is DENIED IN PART but GRANTED IN PART insofar as it relates to the SWAS-DC-related claims from April 17, 2007 to the present, all in accordance with the foregoing Memorandum;*fn2
3. Verizon's motion for leave to file a supplemental declaration is GRANTED;
4. The parties shall by May 28, 2010 SUBMIT their views as to whether mediation before Judge Hart would likely be productive;
5. Further scheduling shall abide the resolution of the mediation question; and
6. In the meantime, the Clerk of Court shall TRANSFER this case from our Active docket to our Civil Suspense docket.