Daniel,
I hope you are doing well. I am writing to coordinate the next joint status report in the above-captioned matter.
As you know, Judge Wentworth's March 14, 2023 order staying proceedings in this case pending resolution of FCC Docket WC-23-0042 requires the parties to file joint status reports every 90 days. The next report is due on or before July 8, 2024, so I wanted to reach out with enough lead time for us to agree on the filing language.
By way of brief summary of where things stand in the FCC proceeding: the evidentiary hearing before ALJ Fenwick was held January 22–24, 2024; both parties filed post-hearing briefs on March 15, 2024; and both parties filed post-hearing reply briefs on April 12, 2024. As of today, ALJ Fenwick's initial decision remains pending, and we are not aware of any indication from the ALJ or FCC Staff as to the anticipated timing of that decision. To our knowledge, there are no other pending motions or filings in the FCC proceeding at this time.
I have attached a proposed draft of the joint status report for your review. In substance, the draft would inform Judge Wentworth of the following:
- The FCC proceeding (Docket WC-23-0042) remains pending before ALJ Fenwick. - The evidentiary hearing was held January 22–24, 2024, and post-hearing briefing was completed as of April 12, 2024. - ALJ Fenwick's initial decision has not yet issued. - No party has moved to lift the stay. - The parties anticipate the FCC proceeding will continue and respectfully request that the stay remain in effect. - The parties will file the next joint status report within 90 days or sooner if there is a material development, such as issuance of the ALJ's initial decision.
With respect to Northgate's Motion to Dismiss filed on November 14, 2022, which was denied without prejudice under the stay order and may be renewed after the stay is lifted, I have proposed that the status report simply reference the current procedural posture without further elaboration. Please let me know if you have a different view on that.
Could you please review the attached draft and provide any edits or comments by close of business on Monday, July 1? That should give us sufficient time to finalize the language and file before the July 8 deadline. Once we have agreed on the report, we are happy to prepare the joint filing for both counsels' signatures and handle the ECF filing in the Alexandria Division, unless you would prefer to take the lead on filing. Either way works for us.
Please confirm receipt when you have a chance, and feel free to call if it would be easier to discuss any of this by phone.
Best regards,
Aaron Liu Calderwood & Harkness LLP 1200 K Street NW, Suite 900 Washington, D.C. 20005 Tel: (202) 555-4180 Email: aliu@calderwoodharkness.com
Attachment: Draft Joint Status Report — Ridgepoint v. Northgate (No. 1:22-cv-01487-CMW).docx