March 31 Pretrial Conference Set in 3 Consolidated Cases vs. Rochester

Chief U.S. District Judge Elizabeth Wolford for Western New York in Rochester signed an order Wednesday (docket 6:19-cv-06583) scheduling a March 31 pretrial conference in the consolidation of three infrastructure lawsuits against the city of Rochester (see 2212200065). Common to the three complaints brought by Crown Castle, ExteNet and Verizon are their allegations that Rochester’s wireless deployment fees significantly exceed a reasonable approximation of the city’s actual costs of maintaining the rights-of-way used or occupied by telecommunications service providers, in violation of Section 253 of the Telecommunications Act. The bench trial to begin on June 1 is “a day-certain trial that will not be adjourned except for the trial of criminal cases which take precedence,” said Wolford’s order. The trial will continue June 2, “and on additional dates as necessary to be scheduled.” Lawyers for the various parties told Wolford during a status conference Tuesday they estimate the trial will take three to four days.