UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF
1934
March
15, 2006
Date
of
Report (Date of earliest event reported)
Commission
File Number: 000-27743
PAC-WEST
TELECOMM, INC.
(Exact
name of registrant as specified in its charter)
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California
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68-0383568
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(State
or other jurisdiction of
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(I.R.S.
Employer Identification No.)
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incorporation
or organization)
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1776
W. March Lane, Suite 250
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Stockton,
California
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95207
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(Address
of principal executive offices)
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(Zip
Code)
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(209)
926-3300
(Registrant’s
telephone number, including area code)
Check
the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
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¨
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Written
communications pursuant to Rule 425 under the Securities Act (17
CFR
230.425)
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¨
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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¨
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR
240.14d-2(b))
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¨
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR
240.13e-4(c))
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Item
7.01 Regulation FD Disclosure
On
March
15, 2006, Pac-West Telecomm, Inc. received notification from The Nasdaq Stock
Market that Pac-West had not regained compliance with Market Rule 4310(c)(4)
(the “Rule”). However, Pac-West met all initial inclusion criteria for The
Nasdaq Capital Market with the exception of the minimum bid requirement and
was
provided an additional 180 calendar day compliance period, or until September
11, 2006, to regain compliance. If at anytime before September 11, 2006, the
bid
price of Pac-West’s common stock closes at $1.00 per share or more for a minimum
of 10 consecutive business days, Nasdaq will provide notification that Pac-West
has regained compliance. If compliance with the Rule cannot be demonstrated
by
September 11, 2006, Nasdaq will provide notice to Pac-West that its securities
will be delisted. At that time Pac-West may appeal Nasdaq's determination to
a
Listing Qualifications Panel.
On
March
15, 2006, Pac-West issued a press release announcing the notification from
the
Nasdaq Stock Market. The press release is filed as Exhibit 99.1 to this Current
Report on Form 8-K.
The
information in this Current Report shall not be deemed "filed" for the purposes
of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise
subjected to the liabilities of that Section. The information in this Current
Report shall not be incorporated by reference into any registration statement
or
other document pursuant to the Securities Act of 1933, as amended, except as
shall be expressly set forth by specific reference in such a
filing.
Item
9.01 Financial Statements and Exhibits.
(c)
Exhibits.
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99.1
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Press
Release dated March 15, 2006
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SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned, hereunto duly authorized.
PAC-WEST
TELECOMM, INC.
(Registrant)
Dated:
March 17, 2006
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By:
/s/ Michael Sarina
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Michael
Sarina
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Vice
President Finance
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INDEX
TO EXHIBITS
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99.1
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Press
Release dated March 15, 2005
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