20050506Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:WELDON STUTZMAN
DATE:MAY 5, 2005
SUBJECT:CASE NO. MTI-05-
MOTION TO DISMISS McLEODUSA'COMPLAINT AGAINST
QWEST CORPORATION
On March 30, 2005 McLeodUSA Telecommunications Services, Inc. filed a
Complaint for Enforcement of Interconnection Agreement and Motion for Emergency Relief
against Qwest Corporation. After Qwest agreed to abide by a Temporary Restraining Order
issued in similar litigation in Colorado, McLeod withdrew its request for emergency relief.
April 20, 2005 Qwest filed both an answer and a Motion to Dismiss. Qwest's Motion to
Dismiss was based on withdrawal of its previous demand for a security deposit, which demand
was the basis for McLeod's Complaint. On May 4, 2005 , McLeod filed a response to Qwest's
Motion, which it also titled Motion to Dismiss. McLeod's Motion simply states that it "now
wishes to withdraw the Complaint without prejudice " apparently because the two Companies
are close to reaching negotiated resolution of the security deposit issues underlying the
Complaint. "
Based on the two Motions to Dismiss filed by the parties, Staff recommends the
Commission dismiss McLeod's Complaint and close the case.
COMMISSION DECISION
Should the Complaint of McLeodUSA v. Qwest be dismissed?
Weldon Stutzman
DECISION MEMORANDUM