Contract analysis

I. INTRODUCTION Defendants Northgate Networks America Inc. ("NNA") and Northgate Telecommunications PLC ("Northgate" or "NTP") (collectively, "Defendants") respectfully move this Court, pursuant to its inherent authority to manage its docket, for an order staying all proceedings in this action pending the resolution of the parallel proceeding before the Federal Communications Commission ("FCC") in In the Matter of No

II. BACKGROUND A. The Parties Northgate Telecommunications PLC is a public limited company organized under the laws of England and Wales (Company No. 07824561), with American Depositary Receipts listed on the Nasdaq Global Select Market (ticker: NTP). Northgate is headquartered at 14 Broadwall Lane, London SE1 9PQ, United Kingdom. Northgate's Chief Executive Officer is Sir Malcolm Prentice, KBE, and its Group General

III. LEGAL STANDARD A federal district court possesses broad inherent authority to manage its docket and to stay proceedings before it in the interest of justice and the efficient administration of the Court's business. Landis v. North American Co., 299 U.S. 248, 254–55 (1936) ("the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with

IV. ARGUMENT A. The FCC Has Specialized Expertise Over the Interconnection Questions at the Heart of This Action Ridgepoint's Section 2 claim is predicated entirely upon Northgate's refusal to grant interconnection and physical colocation access at fourteen specific facilities. The Complaint's theory of anticompetitive harm depends on the premise that Northgate had a duty—whether arising from antitrust law, regulator

V. PROPOSED STAY TERMS Defendants respectfully propose that the Court enter a stay on the following terms:

1. Scope of Stay. All proceedings in Case No. 1:22-cv-01487-CMW shall be stayed pending the resolution of FCC Docket No. WC-23-0042, including any appeal of the Administrative Law Judge's initial decision to the full Commission.

2. Periodic Status Reports. The parties shall file joint status reports every ninety (90) days from the date of the stay order, advising the Court of the progress of the FCC proceeding, any significant developments, and the parties' estimate of the time remaining until a final order is issued.

3. Motion to Lift Stay. Either party may move to lift the stay upon the issuance of a final order by the FCC (including the resolution of any intra-agency appeal to the full Commission) or upon a showing of good cause that warrants reactivation of the proceedings.

4. Preservation Obligations. All existing preservation obligations, including the litigation hold implemented on September 21, 2022, shall remain in full force and effect during the pendency of the stay. Neither party shall be relieved of any document-preservation obligation by reason of the stay.

5. Pending Motion to Dismiss. The Motion to Dismiss (Dkt. No. 22) shall be denied without prejudice to Defendants' right to refile or renew the motion after the stay is lifted. A proposed order incorporating these terms is filed concurrently with this Motion.

VI. CONCLUSION For the foregoing reasons, and as more fully set forth in the accompanying Memorandum of Law in Support of Defendants' Motion to Stay Proceedings Pending Resolution of Parallel FCC Proceeding and the Declaration of Patrick Salazar, Defendants Northgate Networks America Inc. and Northgate Telecommunications PLC respectfully request that this Court grant this Motion and enter the Proposed Order staying a