PAETEC COMMUNICATIONS, INC. et al v. MCI COMMUNICATIONS SERVICES, INC. D/B/A VERIZON BUSINESS SERVICES

Filing 33

ORDER THAT PAETEC'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS DESCRIBED IN THE FOREGOING MEMORANDUM; VERIZON'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED IN PART BUT GRANTED IN PART INSOFAR AS IT RELATEDS TO TH E SWAS-DC-RELATED CLAIMS FROM 4/17/2007 TO THE PRESENT, ALL IN ACCORDANCE WITH THE FORGOING MEMORANDUM. VERIZONS MOTION FOR LEAVE TO FILE A SUPPLEMENTAL DECLARATION IS GRANTED. THE PARTIES SHALL BE 5/28/2010 SUBMIT THEIR VIEWS AS TO WHETHER MEDIATION BEFORE JUDGE HART WOULD LIKELY BE PRODUCTIVE; FURTHER SCHEDULING SHALL ABIDE THE RESOLUTION OF THE MEDIATION QUESTION; AND IN THE MEANTIME, THE CLERK OF COURT SHALL TRANSFER THIS CASE FROM OUR ACTIVE DOCKET TO OUT CIVIL SUSPENSE DOCKET. SIGNED BY HONORABLE STEWART DALZELL ON 4/26/2010. 4/27/2010 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PAETEC COMMUNICATIONS, INC., et al. v. MCI COMMUNICATIONS SERVICES, INC. D/B/A VERIZON BUSINESS SERVICES, et al. : : : : : : : : ORDER AND NOW, this 26th day of April, 2010, upon consideration of plaintiffs'1 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 CIVIL ACTION

NO. 09-1639

PAETEC Communications, Inc., PAETEC Communications of Virginia, Inc., US LEC Communications Inc d/b/a PAETEC Business Services, US LEC of Pennsylvania LLC d/b/a PAETEC Business Services, US LEC of Virginia LLC d/b/a PAETEC Business Services, US LEC of Maryland LLC d/b/a PAETEC Business Services, US LEC of Alabama LLC d/b/a PAETEC Business Services, US LEC of Georgia LLC d/b/a PAETEC Business Services, US LEC of South Carolina d/b/a PAETEC Business Services, and US LEC of Tennessee Inc. d/b/a PAETEC Business Services (collectively, "PAETEC").

1

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;2 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. BY THE COURT:

__\s\Stewart Dalzell

Perhaps needless to say, we have not opined on PAETEC's quantum meruit claims, which we leave to another day. 2

2

3