Motions related to document production must be filed by October 31, 1996. Typically, these are motions to compel production of requested documents for failure to produce them, but they may also be motions for protective orders. Due to time limitations between procedural steps of the precontroversy discovery schedule, we are requiring that all discovery requests and responses to such requests be served by hand or sent by fax to the party to whom such response or request is directed. Filing and service of all precontroversy motions, petitions, objections, oppositions, and replies shall be as follows. As provided in Sec.
Replies are due five business days from the date of filing of such oppositions.
Service of all motions, petitions, objections, oppositions, and replies must be made on counsel or the parties by means no slower than overnight express mail on the same day the pleading is filed. The Library has determined, through experience from prior CARP proceedings, that it needs roughly 45 days to rule on all precontroversy motions and petitions, as well as to assist in the timely selection of arbitrators. The Office recognizes that due to the holiday season it is unwise to have the proceeding start earlier in December. Consequently, to reduce the potential for lost time, the 180-day arbitration period for adjustment of the section 119 satellite carrier compulsory license royalty rates will begin on December 31, 1996. The schedule of the arbitration proceeding will be established by the CARP after the three arbitrators have been selected.