Calif. Expects 'Extensive' Discovery in Net Neutrality Case
California disagreed with ISP groups on case length for industry’s challenge of the state net neutrality law. The state defendants propose a pretrial schedule extending into 2024, while plaintiffs propose holding the final pretrial conference March 27, 2023, said a…
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Friday joint status report at the 9th U.S. Circuit Court of Appeals (case 21-15430). California proposes 23 months of discovery, including 18 months for fact discovery, while ISP groups pitch 14 months, including nine months for fact discovery, said the filing (in Pacer). California seeks discovery from ISP association members but plaintiffs' counsel say they don't “have possession, custody, or control of documents or other discoverable material held by their members,” nor can they “coordinate or streamline any discovery” from their members, it said. The state “anticipates that extensive third-party discovery will be necessary,” which “will be extremely time-consuming and resource intensive, given the need to develop facts regarding numerous entities’ business practices, their use of sophisticated technologies, and the complexities inherent in the movement of Internet traffic.” Plaintiffs disagree fact discovery needs to take so long, the report said. “There are few factual issues in the case: Plaintiffs’ preemption claim can be resolved largely as a matter of law, and fact discovery is unlikely to affect the outcome.” The ISP groups disagree California “will need to seek non-party discovery from all or most” of their members, especially not the smaller ones, it said.