Opinion
Civil No. 1:99-CV-00111TC
May 16, 2003
NOTICE OF ENTRY OF FCC MEMORANDUM OPINION AND MOTION FOR AN ADDITIONAL 45 DAYS TO FILE RELATED BRIEFING
By Order dated January 10, 2000. this Court referred certain issues pertaining to the above-captioned action (the "Referred Issues") to the Federal Communications Commission (the "FCC"). Defendant Sprint Communications Company L.P. ("Sprint") hereby notifies the court that on May 9, 2003, the FCC released the Memorandum Opinion and Order attached hereto as Exhibit "A" in response to such referral and a subsequent petition for declaratory ruling filed with the FCC by the plaintiffs herein.
By Minute Entry dated March 17, 2003. this Court ordered the parties to file any motions regarding the Referred Issues no later than May 17, 2003. Given that the Memorandum Decision addressing the Referred Issues was just released, Sprint hereby moves the Court for an additional forty-five (45) days during which to file dispositive motions regarding the Referred Issues which properly take account of the Memorandum Decision. Based on Sprint's initial review of the Memorandum Decision, Sprint believes that it would premature to file its planned dispositive motions without incorporating the Memorandum Decision. In addition, it appears that the Memorandum Decision contains little background discussion regarding the controlling regulations and case law, and does not place the discussion of the Referred Issues in any sort of historical context. Based on this fact, Sprint believes that the motions it plans to file regarding the Referred Issues and the Memorandum Decision will be of assistance to the Court in applying the Memorandum Decision to the present action.
Accordingly, Sprint requests that the Court enter an order allowing the parties until June 30, 2003 to file dispositive motions relating to the referred issues.
SO ORDERED