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09-1639 - PAETEC COMMUNICATIONS, INC. et al v. MCI COMMUNICATIONS SERVICES, INC. D/B/A VERIZON BUSINESS SERVICES


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09-1639 - PAETEC COMMUNICATIONS, INC. et al v. MCI COMMUNICATIONS SERVICES, INC. D/B/A VERIZON BUSINESS SERVICES
April 26, 2010
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MEMORANDUM AND/OR OPINION THAT PAETEC'S MOTION FOR SUMMARY JUDGMENT WILL BE GRANTED WITH REGARD TO THE SWAS CHARGES, BUT DENY IT WITH REGARD TO THE SWAS-DC CHARGES. VERIZON'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED IN PART AND WILL BE GRANTED IN PART AS TO THE SWAS-DC-RELATED CLAIMS FROM 4/17/2007 TO THE PRESENT. SIGNED BY HONORABLE STEWART DALZELL ON 4/26/2010. 4/27/2010 ENTERED AND COPIES E-MAILED.(sg, )
April 26, 2010
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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 THE 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, )