20041221Motion for Extension of Time.pdf

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L~,WILLIAM J. BATT, ISB No. 2938
James B. Alderman, ISB No. 6422
BA TT & FISHER, LLP
S. Bank Plaza, Suite 500
101 S. Capitol Boulevard
Post Office Box 1308
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
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JT!L!T!ES CD i ISSION
Adam Sherr
Qwest Communications, Inc.
1600 7th Avenue - Room 3206
Seattle, WA 98191
[phone]
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT PETITION
OF ROBERT RYDER, D/B/A RADIO PAGING
SERVICE and JOSEPH B. MCNEAL, d/b/a
AGEDA TE, FOR ARBITRATION OF
INTERCONECTION DISPUTE.
IPUC NO. QWE- T -04-
MOTION FOR EXTENSION OF TIME
TO ANSWER COMPLAINT
Pursuant to Commission Rules of Procedure 57 and 256.02 & .03 Qwest Corporation
Qwest") respectfully requests that the Commission grant it an additional fourteen (14) days in
which to file an answer to Radio Paging Service and PageData s Complaint. See Summons
Case No. QWE-04-32. See also IDAPA 31.01.01.057 & .256. The grounds and reasons for
such request are discussed below.
BACKGROUND
On November 26 2004, the Complainants ("Pagers ) filed a pleading denominated
Petition for Arbitration" in which they asked for arbitration of a dispute arising under their
MOTION FOR EXTENSION OF TIME TO ANSWER COMPLAINT, P. 1 OR'G\NAL
interconnection agreements with Qwest. On November 30, 2004 the Commission decided to
treat the Pagers' filing as a Complaint rather than a Petition to Arbitrate and issued a Summons
directing Qwest to file an answer or written motion in defense within twenty-one (21) days of
service of said Summons. Accordingly, Qwest's answer or motion is due on December 21
2004.
GROUNDS FOR EXTENSION OF TIME
The reason for this requested extension is that Qwest' s undersigned counsel has not had
sufficient time available to prepare an adequate response.
This is due to counsel's heavy work load over the last month and continuing at least
through December 31; this includes several matters that have required counsel to devote
considerable time to each. Over the last week, counsel has been able to work on nothing except a
single matter, the drafting of a prospectus for a securities offering, the proceeds of which will
fund a large transaction that must close by the end of2004. Counsel hopes to finish that project
within two days.
Meanwhile, as the Commission knows, these Pagers have filed, and continue to file, a
multitude of litigation against Qwest, using every theory and procedure that can be imagined.
For the Pagers, principles such as res judicata do not apply. Over the last several years, and more
considerably in the last few months, Qwest and its counsel have devoted substantial resources
and inordinate amounts of time addressing each and every issue raised by the Pagers not only
here, but in Idaho federal district court and the Idaho Supreme Court as well.
MOTION FOR EXTENSION OF TIME TO ANSWER COMPLAINT, P. 2
Even now, Qwest is working on further briefing on the merits of the appeal and cross-
appeal in the Supreme Court. Qwest is also separately responding to the Pagers' Motion to
Compel Payment that they filed with the Supreme Court last week.
For all these reasons, Qwest has not been able to prepare an adequate response for filing
today. Qwest has provided actual notice to the Pagers informing them of this request in
compliance with Rule 256.02 & 03. IDAP A 31.01.01.256.02 & .03. Qwest does not request oral
argument on its Motion.
Based on the foregoing Qwest respectfully requests that the Commission grant it an
additional fourteen (14) days to respond to this latest Complaint.
DATED this 21 st day of December, 2004.
Respectfully Submitted
Adam Sherr
Qwest Communications, Inc.
1600 7th Avenue - Room 3206
Seattle, W A 98191
and
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William J. Batt
James B. Alderman
Batt & Fisher, LLP
U S Bank Plaza, 5th Floor
101 South Capital Blvd.
Boise, Idaho 83702
[phone]
MOTION FOR EXTENSION OF TIME TO ANSWER COMPLAINT, P. 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 21st day of December, 2004, I caused a true and
correct copy of the above and foregoing document to be served, in the manner indicated, on the
following:
Jim Jones
JIM JONES & ASSOCIATES
1275 Shoreline Lane
Boise, Idaho 83702-6870
Telephone: [phone]
Fax: [phone]
Hand Delivery
D U.S. Mail
5(J Facsimile
Federal Express
Don Howell
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702
Telephone: [phone]
Fax: [phone]
Hand Delivery
0 U.S. Mail
Facsimile
Federal Express
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William J. Batt
MOTION FOR EXTENSION OF TIME TO ANSWER COMPLAINT, P. 4