Judge Orders Joint Discovery Plan in Verizon’s Small Cells Fight vs. N.J. Borough

U.S. Magistrate Judge Douglas Arpert for New Jersey in Trenton wants all counsel for Verizon and Lavallette, New Jersey, to confer on a joint discovery plan, and to deliver him that plan at least seven days before the previously set Feb. 26 initial scheduling conference, said his signed order Sunday (docket 3:23-cv-23072). The discovery plan should include a description of all discovery conducted by the parties to date and a summary of all discovery problems encountered, including the efforts made to remedy those problems, said the order. Arpert also wants the parties’ estimate of the time needed to complete discovery, plus a statement regarding whether expert testimony will be necessary, it said. Verizon sued Lavallette and its borough council Dec. 13 to challenge their “unreasonable and unsupported denial” of Verizon’s application for permit approval for the installation of five small cells within the public right of way (see 2312140038). It alleges the small cells are needed to remedy a significant coverage gap, and that the borough's denial materially inhibited the provision of personal wireless and telecommunications services, in violation of Section 704 of the Communications Act. Lavallette and its council contend that Verizon’s claims are barred because the defendants “are in compliance with all constitutional, statutory, and regulatory requirements and obligations” (see 2402120020). They further contend that Verizon has failed to demonstrate that the denial of its application will materially inhibit telecommunications services and personal wireless services.