Settlement Talks Spark Trial Delay on Verizon’s Complaint vs. Mass. Town

U.S. District Judge Mark Mastroianni for Massachusetts in Springfield granted the Feb. 5 joint motion of Verizon and Southwick, Massachusetts, to postpone the April 22 bench trial on count II of Verizon’s complaint that Southwick’s denial of AT&T’s cell tower application constituted an effective prohibition of wireless services under the Telecommunications Act, said the judge’s electronic order Thursday (docket 3:21-cv-10414). The judge previously granted summary judgment in Southwick’s favor on count I of Verizon’s complaint that the town’s denial wasn’t supported by substantial evidence in the written record (see 2402060050). In light of the parties' "representations" that they have entered into discussions about identifying and considering potential alternative locations for AT&T’s cell tower that weren’t available before Southwick denied the company’s application, the court “will continue the trial and temporarily stay this matter pending settlement negotiations,” said the judge’s order. The parties will file a joint status report by June 14, updating the court on the status of the parties' negotiations “and the likelihood that a trial will be necessary,” it said. The parties may request entry of a settlement order of dismissal “that provides a period of time during which either party may reopen the action if their settlement negotiations fail,” it said.