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Paetec Communications, Inc. v. MCI Communications Services

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


April 26, 2010

PAETEC COMMUNICATIONS, INC., ET AL.
v.
MCI COMMUNICATIONS SERVICES, INC. D/B/A VERIZON BUSINESS SERVICES, ET AL.

The opinion of the court was delivered by: Stewart Dalzell

ORDER

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.


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