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Home My WebLink About20031001ITA Motion to Compel.pdfConley E. Ward (ISB No. 1683) GNENS PURSLEY LLP 601 W. Bannock Street O. Box 2720 Boise, ID 83701-2720 Telephone No. (208) 388-1219 Fax No. (208) 388-1300 RECEIVED 0FILED 2St3 SEP 3D PM ~:56 ,0;; PUBliC UTILITIES COMMISSION Attorneys for Idaho Telephone Association S:\CLIENTS\1233\170\lT A's Motion to Compel Discovery Responses.DOC BEFORE THE IDAHO PUBLIC UTILITES COMMISSION IN THE MATTER OF THE PETITION OF rAT COMMUNICATIONS, INC., d/b/a NTCHIDAHO, INC. OR CLEAR TALK, FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER Case Nos. GNR- T -03- GNR-03- ITA'S MOTION TO COMPEL DISCOVERY RESPONSES IN THE MATTER OF THE APPLICATION OF NPCR, INc., d/b/a NEXTEL PARTNERS SEEKING DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER The Idaho Telephone Association ("IT A"), by and through its attorneys of record, Givens Pursley LLP, hereby moves the Idaho Public Utilities Commission, pursuant to Rule 37(a) of the Idaho Rules of Civil Procedure, for an Order Compelling Applicants to respond to the ITA' discovery requests dated August 8, 2003. In support of its Motion, the IT A states as follows: On August 8, 2003, the ITA served essentially identical discovery requests on Applicants Clear Talk and Nextel Partners ("Applicants ). Each of the Applicants objected to number of the ITA's requests on a variety of grounds. On September 5, 2003, the Applicants filed their initial set of responses to some of the discovery requests not subject to objection. Thereafter, counsel for all parties discussed MOTION TO COMPEL DISCOVERY RESPONSES - 1 ftf B . ~,. ~ o . . the outstanding requests by telephone and in personal meetings in an attempt to informally resolve their discovery disputes. While some progress was made, the parties were unable to settle all remaining discovery issues. Although there are a number of unanswered discovery requests that IT A believes are well within the scope of valid discovery, this Motion to Compel places only two requests at Issue. The first is ITA Request No., which asked each Applicant to: Please provide copies of the documents relating to (Nexte1's/C1ear Talk' decision to file for ETC status in the state of Idaho, including but not limited to memorandums (sic), board of directors minutes, management presentations correspondence and financial analysis and forecasts. To date, both Applicants have refused to provide any information in response to this request. In addition, ITA Request No. 14 to Clear Talk asked: Please provide copies of Clear Talk's financial statements for the six months ended June 30, 2003 , and audited financial statements for the fiscal years 2002 2001 and 2000. Clear Talk committed to provide its response to this request upon execution of a confidentiality agreement. The IT A executed the agreed upon confidentiality agreement, but has yet to receive any response to this request from Clear Talk. WHEREFORE, the IT respectfully requests that the Commission enter an order requiring Clear Talk and Nexte1 to provide a full and accurate response to the ITA's Production Request No.4 and requiring Clear Talk to provide a full and accurate response to the ITA' Production Request No. 14. MOTION TO COMPEL DISCOVERY RESPONSES - 2 RESPECTFULLY SUBMITTED This 30th day of September 2003. MOTION TO COMPEL DISCOVERY RESPONSES - 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this ~ay of September 2003 , I caused to be served a true and correct copy of the foregoing document by the method indicated below, and addressed to the following: Jean Jewell Idaho Public Utilities Commission 472 W. Washington Street O. Box 83720 Boise, ID 83720-0074 ( J US. Mail (vJ Hand Delivered ( J Overnight Mail J Facsimile Molly O'Leary RICHARDSON & O'LEARY 99 E. State Street, Ste. 200 Eagle, ID 83616 ( JJ U.S. Mail J Hand Delivered J Overnight Mail J Facsimile Sean P. Farrell IA T Communications, Inc. NTCH-Idaho Inc., d/b/a Clear Talk 703 Pier Avenue, Suite B PMB 813 Hermosa Beach, CA 90254 (/J US. Mail J Hand Delivered ( J Overnight Mail J Facsimile Dean J. Miller MCDEVITT & MILLER 420 W. Bannock Street O. Box 2564 Boise, ID 83701-2564 (JJ US. Mail J Hand Delivered ( J Overnight Mail ( J Facsimile Philip R. Schenkenberg 2200 First National Bank Building 332 Minnesota Street Saint Paul, MN 55101 (v'J US. Mail ( J Hand Delivered J Overnight Mail J Facsimile Morgan W. Richards Moffatt, Thomas, Barrett, Rock & Fields 101 S. Capitol Blvd., 10th Floor O. Box 829 Boise, ID 83701-0829 (IJ US. Mail ( J Hand Delivered J Overnight Mail J Facsimile Lance A. Tade, State Government Affairs Manager Citizens Telecommunications Company ofIdaho 4 Triad Center, Ste. 200 Salt Lake City, UT 84180 ( -1 US. Mail J Hand Delivered J Overnight Mail ( J Facsimile MOTION TO COMPEL DISCOVERY RESPONSES - 4 Robert M. Nielsen 548 E Street O. Box 706 Rupert, ID 83350 Charles H. Creason, Jr. President and General Manager Project Mutual Telephone Cooperative Association 507 G Street O. Box 366 Rupert, ID 83350 ( vj US. Mail J Hand Delivered ( J Overnight Mail J Facsimile (,jJ US. Mail J Hand Delivered J Overnight Mail ( J Facsimile Heidi iJ: ~. 0. V1 lAW MOTION TO COMPEL DISCOVERY RESPONSES - 5