Qwest v. Peerless Judge Orders Filings on Viability of ‘Private Mediation’
U.S. Magistrate Judge Kristen Mix for Colorado in a minute order Wednesday (docket 1:21-cv-03004) said plaintiffs and defendants in Qwest v. Peerless Network must “make a showing in writing” by Nov. 10 explaining why “private mediation is not feasible under…
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the circumstances of this case.” At issue in her order is the plaintiffs’ Sept. 7 motion to stay the case and refer the outstanding complex and technical issues in the proceeding to the FCC (see 2210200050). Failure to respond by the Nov. 10 deadline will result in the denial of the motion, she said. The case involves negotiated interconnect agreements and the access tariffs associated with them. Qwest, Level 3 and Global Crossing sued Peerless affiliates in eight states in November alleging that they engaged in a scheme of avoiding mandatory switched access charges, thereby giving them an unfair competitive advantage in the toll-free marketplace. The defendants countersued in March alleging the companies used unfair and unsupported billing methods, to the detriment of the Peerless affiliates.