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{B0688954}

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

FARMERS TELECOMMUNICATIONS * 

COOPERATIVE, INC., * 

 * 

 Plaintiff, * 

 * 

v. * CIVIL CASE NO. 2:06cv-790-WC 

 * 

VERIZON BUSINESS NETWORK * 

SERVICES INC. and QWEST * 

COMMUNICATIONS CORPORATION * 

 * 

 Defendants. *

JOINT MOTION TO EXTEND TIME

FOR FILING RULE 26(a)(1) DISCLOSURES

Plaintiff/Counter-Defendant Farmers Telecommunications Cooperative, Inc.; 

Defendant/Cross-Defendant Qwest Communications Corporation; and 

Defendant/Counter-Claimant/Cross-Claimant Verizon Business Network Services Inc., 

respectfully and jointly move the Court to extend the deadline for filing initial 

disclosures, as required by FED. R. CIV. P. 26(a)(1), for a period of thirty (30) days while 

the parties pursue ongoing settlement discussions. As grounds for so moving, the parties 

represent to the Court as follows: 

1. This case involves complicated accounting and regulatory issues that the 

parties wish to resolve, if possible, by agreement. 

2. The parties’ representatives have been engaged in ongoing settlement 

discussions that, while productive in many significant respects, have not yet culminated 

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{B0688954}

in a resolution of their disputes. The parties are optimistic that their disputes may be 

resolved with additional time. 

3. In an effort to assist the parties, the Court convened a status hearing on 

February 12, 2007. During the hearing, the Court set a deadline of February 28, 2007, for 

Defendants to answer the Complaint. [Doc. 26] 

4. The Court, having been apprised of the parties’ ongoing settlement 

discussions, indicated a willingness to stay the case for a period of thirty (30) days 

thereafter to allow the parties to continue their efforts to voluntarily resolve their 

disputes. [Doc. 26] The Court indicated that if a settlement was not reached, the dates in 

the Proposed Discovery Plan [Doc. 15], submitted by the parties on January 12, 2007, 

would be kept with the exception of a thirty (30) day extension for discovery and a new 

date for trial. [Doc. 26] The Court offered its assistance with settlement issues, if 

needed. [Doc. 26] 

5. Verizon Business and Qwest answered the Complaint on or before 

February 28, 2007, as directed by the Court. 

6. The Proposed Discovery Plan originally established a February 15, 2007 

deadline for filing initial disclosures. [Doc. 15] The February 15, 2007 deadline was 

subsequently modified by the Court’s January 29, 2007 Order granting Qwest’s 

Unopposed Motion for Extension of Time to File Answer and Extend the Deadlines set 

forth in the Proposed Discovery Plan. [Doc. # 17]. The Order effectively extended the 

deadline for filing initial disclosures to March 17, 2007. 

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{B0688954}

7. The parties are uncertain of their responsibilities regarding the exchange of 

initial disclosures. Specifically, the parties are uncertain whether the 30-day stay 

referenced in the Minute Entry from the February 12, 2007 hearing extends the deadline 

for filing initial disclosures to and including April 16, 2007. 

8. The parties respectfully and jointly request that the Court enter an Order 

allowing the parties to exchange initial disclosures on or before April 16, 2007. The 

parties request this relief in an effort to conserve resources and avoid added expense 

while productive settlement negotiations remain ongoing. 

9. The parties represent to the Court that they would not request this extension 

if they believed that settlement was not possible or likely, and that by requesting the 

extension, the parties do not mean to unnecessarily delay the proceeding. 

WHEREFORE, PREMISES CONSIDERED, the parties respectfully and jointly 

request that the Court enter an Order allowing the parties to exchange initial disclosures 

on or before April 16, 2007. 

Dated: March 16, 2007 

 /s/ Jonathan M. Hooks

Jonathan M. Hooks 

Bar No. HOO032 

Attorney for Plaintiff Farmers 

Telecommunications Cooperative, Inc. 

WILKERSON & BRYAN, P.C. 

Post Office Box 830 

405 South Hull Street 

Montgomery, Alabama 36101-0830 

Telephone: (334) 265-1500 

Facsimile: (334) 265-0319 

jonathan@wilkersonbryan.com 

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{B0688954}

/s/ Robin G. Laurie 

Robin G. Laurie 

Bar No. ASB-4218-U64R 

Attorney for Qwest Communications 

Corporation 

BALCH & BINGHAM, LLP 

Post Office Box 78 

105 Tallapoosa Street, Suite 200 

Montgomery, Alabama 36101 

Telephone: (334) 834-6500 

Facsimile: (334) 269-3115 

Rlaurie@balch.com

/s/ Bryan O. Balogh 

Bryan O. Balogh 

Bar No. BAL026 

Counsel for Defendant Verizon Business 

Network Services Inc. 

STARNES & ATCHISON LLP 

100 Brookwood Place, Seventh Floor 

Post Office Box 598512 

Birmingham, Alabama 35259-8512 

Telephone: (205) 868-6000 

Facsimile: (205) 868-6099 

bob@starneslaw.com

CERTIFICATE OF SERVICE

 I hereby certify that on March 16, 2007, I electronically filed the foregoing with 

the Clerk of the Court using the CM/ECF system which will send notification of such 

filing to the following: 

 

Mark D. Wilkerson 

Dana H. Billingsley 

Jonathan M. Hooks 

WILKERSON & BRYAN, P.C. 

Post Office Box 830 

405 South Hull Street 

Montgomery, Alabama 36101-0830 

Robin G. Laurie 

BALCH & BINGHAM, LLP 

Post Office Box 78 

105 Tallapoosa Street, Suite 200 

Montgomery, Alabama 36101 

Patrick H. Tate 

PATRICK H. TATE, P.A. 

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{B0688954}

Ms. Leigh Anne Hodge 

BALCH & BINGHAM, LLP 

1710 Sixth Avenue North 

Birmingham, Alabama 35203-2015 

P. O. Box 680593 

Fort Payne, AL 35967-0593 

 

 s/Bryan O. Balogh 

 Bryan O. Balogh 

STARNES & ATCHISON LLP 

100 Brookwood Place, Seventh Floor 

Post Office Box 598512 

Birmingham, Alabama 35259-8512 

Telephone: (205) 868-6000 

Facsimile: (205) 868-6099 

bob@starneslaw.com

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