IN RE: NOS COMMUNICATIONS MDL NO. 1357

Filing 226

ORDER Setting Scheduling Conference. Scheduling Conference set for 3/8/2012 09:00 AM in LV Courtroom 6B before Judge Lloyd D. George. Signed by Judge Lloyd D. George on 2/17/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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IN RE: NOS COMMUNICATIONS,

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MDL No. 1357

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Case No. 2:01-cv-0861-LDG (PAL)

CTA RESEARCH CORP.,
Case No. 2:00-cv-1465-LDG (VCF)

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Plaintiff,
ORDER

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v.

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AFFINITY NETWORK, INC., d/b/a
QUANTUMLINK COMMUNICATIONS,
INC.,

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Defendant.

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In September 2011, the Court ordered the parties to file a joint status report and to

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address any proceedings or scheduling they believe is necessary to efficiently bring to

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close the pre-trial proceedings of this matter, which was transferred to this Court as part of

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a multi-district litigation. The parties filed a joint status report in October.

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The plaintiff indicated that it anticipated taking a deposition and possibly, depending

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upon the fruits of that deposition, bringing a motion to compel further responses to

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discovery sometime in November, 2011. The plaintiff indicated its belief that resolution of

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such discovery matters was required before its experts could formulate an appropriate

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damages model and plaintiff could move for class certification.

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The defendant indicated its belief that it should be permitted to file a motion for

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summary judgment to dismiss the plaintiff’s remaining claim. The defendant further

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asserted its belief that there is no discovery that plaintiff could obtain that could establish

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that plaintiff has a claim for damages that survived the Ninth Circuit’s 2007 decision in this

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matter.

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Subsequent to the joint status report, the plaintiff has neither moved to compel any

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further discovery nor moved to certify a class, or otherwise indicated that it is prepared to

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defend a motion for summary judgment. Accordingly, in an effort to efficiently complete the

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pre-trial proceedings, the Court will hold a scheduling conference. In anticipation of the

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hearing, the Court requests that the parties be prepared to recommend dates for discovery

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cut-off, expert disclosures, rebuttal expert disclosures, for the filing of dispositive motions,

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and (if plaintiff deems appropriate) for the filing of a motion to certify a class.

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Therefore, for good cause shown,

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THE COURT ORDERS that this matter is set for a scheduling conference on

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Thursday, March 8, at 9:00 a.m., in Courtroom 6B.

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DATED this ______ day of February, 2012.

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Lloyd D. George
United States District Judge

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