ORDER CONCERNING JOINT PETITIONERS ' MOTION TO COMPEL by ays20225

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									                                    STATE OF VERMONT
                                   PUBLIC SERVICE BOARD



Docket No. 7493

Joint Petition of Ludlow Telephone Company,        )
Northfield Telephone Company and Perkinsville      )
Telephone Company seeking (1) temporary            )
restraining order against Global NAPs, Inc.        )
("GNAPs"), (2) payment of interexchange            )
access charges by GNAPs, and (3) revocation of     )
GNAPs' Vermont certificate(s) of public good       )
for alleged violations of Vermont law –            )


                                                       Order entered: 4/21/2009




               ORDER CONCERNING JOINT PETITIONERS' MOTION TO COMPEL


       On April 17, 2009, the Joint Petitioners filed a Motion to Compel Global NAPs, Inc., to
Respond to Data Requests (the "Motion"). The Motion appears to contain a scrivener's error, as
it cites to the administrative procedure rules of the New Hampshire Public Utilities Commission
as the procedural basis for the Joint Petitioners' filing. The corresponding Vermont procedural
rules require that a motion to compel be accompanied by an affidavit certifying that the movant's
counsel "has conferred or has attempted to confer with counsel for the opposing party in an effort
in good faith to resolve by agreement the issues raised by the motion without intervention of the
court, and has been unable to reach such an agreement." V.R.C.P. 26(h); See also V.R.C.P. 37
and V.P.S.B.R. 2.214(A).
       The Motion filed by the Joint Petitioners does not include a Rule 26(h) affidavit, nor does
it otherwise describe either the Parties' mutual or independent efforts made to date to resolve this
discovery dispute. Accordingly, pursuant to Board Rule 2.208, I am treating the Joint Petitioners'
Motion as a defective filing. The defective filing shall be deemed cured when it has been
supplemented by the filing of the requisite affidavit from movant's counsel pursuant to V.R.C.P.
Docket No. 7493                                                                                                          Page 2

26(h). Thereafter, Respondent Global NAPs, Inc. shall have fifteen days after service of the
amended motion to file a response. V.R.C.P. 78(b)(1).

         SO ORDERED .


         Dated at Montpelier, Vermont, this 21st                     day of      April                       , 2009.




                                                                      s/June E. Tierney
                                                                          June E. Tierney, Esq.
                                                                          Hearing Officer

OFFICE OF THE CLERK
FILED:      April 21, 2009
ATTEST : s/Judith C. Whitney
            Deputy Clerk of the Board

          N O T IC E TO R EADERS : This d ecision is subject to revision o f techn ical erro rs. Rea ders a re requested to
notify the Clerk of the Board (by e-mail, telephone, or in writing) of any apparent errors, in order that any
necessa ry correction s may be m ade. (E-m ail addre ss: psb.clerk@ state.vt.us)

								
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