In a ruling (3:05 CV 1747 (PCD)), dated March 21, 2007, the Honorable Peter C. Dorsey, Senior U.S. District Court Judge for the United States District Court  For The District Of Connecticut, granted a motion by defendants, Ronald A. Durando and Packetport Inc. joined by defendants Gustave T. Dotoli , Microphase Corporation and Packetport.com, Inc. to dismiss under Federal Rule 41(b) of the Federal Rules of Civil Procedure the civil lawsuit filed on November 15, 2005 by the Securities and Exchange Commission against Packetport.com, Inc. et. al for lack of prosecution.

Mr. Durando, is the President and Chief Executive Officer of mPhase Technologies, Inc, a New Jersey corporation (the "Company"), which is traded on the over the counter bulletin board under the ticker symbol "XDSL" and has in excess of 17,000 public shareholders. Mr. Dotoli is the Chief Operating Officer of the Company. Microphase Corporation, a Connecticut corporation,  is a privately held company organized in 1955 with approximately 80 employees that designs RF electronic warfare products for defense applications as well as a commercial line of products. Packetport.com, Inc, a Nevada corporation,  is a publicly held company that trades on the over the counter-bulletin board under the ticker symbol ("PKPT") and is engaged in an Internet Centric business program geared for delivery of IP based telephone services. Packetport Inc, a Delaware corporation, is owned by Mr. Durando and has as its principle asset a significant holding of stock in Packetport.com, Inc.

mPhase Technologies, Inc. was not named as a defendant in the above case.