20040109Affidavit in Support of Motion.pdf

Jim Jones (ISB #1136)
JIM JONES & ASSOCIATES
1275 Shoreline Lane
Boise, Idaho 83702-6870
Telephone: Boise [phone]
Attorney for Petitioners/Appellants
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FILED
ZOU4 JAN - 9 Rf'1 8:
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UTILITiES Cm~ir1ISSI0N
IN THE SUPREME COURT OF THE STATE OF IDAHO
IN THE MATTER OF THE JOINT
PETITION OF ROBERT RYDER, d/b/a
RADIO PAGING SERVICE, JOSEPH B. )
MCNEAL, d/b/a PAGEDATA AND
INTERP AGE OF IDAHO, AND
TEL-CAR, INc., FOR DECLARATORY)
ORDER AND RECOVERY OF
OVERCHARGES FROM U.S. WEST
COMMUNICATIONS INc.
ROBERT RYDER, d/b/a RADIO
PAGING SERVICE, et at
Petitioners/Appellants
vs.
IDAHO PUBLIC UTILITIES
COMMISSION
Respondent on Appeal
and
QWEST CORPORATION
Respondent-Respondent on
Appeal.
Docket No. 29175
AFFIDAVIT IN SUPPORT OF
MOTION FOR EXTENSION
AFFIDAVIT IN SUPPORT OF MOTION FOR EXTENSION -
STATE OF IDAHO
: ss
County of Ada
JIM JONES, being duly sworn, deposes and says:
I am counsel of record for the Appellants in the above-entitled matter.
The due date of Appellants' brief is January 21 2004.
No prior extensions of time have been granted.
An extension of the filing date for Appellants' brief is necessary because I
have been unable to devote the time to the brief that it deserves. With the intervention of the
holidays and regular end-of-the-year business for clients, it has not been possible to work on
the brief. This month, through the middle of February, is extremely busy for me. The week
of January 12 will be primarily devoted to hearings and depositions in a Madison County
case. The week of the 19th will be devoted in large part to an appellate hearing before the
Environmental Appeals Board, which is scheduled for January 22 in Washington, D.c. And
there is not much daylight in my schedule until after the second week of February.
Forty (40) additional days would be sufficient to adequately research and
prepare Appellants' brief. That would put the new due date at March 1 , 2004.
There is no stipulation of the parties for this application for extension.
I contacted Don Howell, counsel for the Idaho Public Utilities Commission
and he indicated no opposition to the extension request. On January 5 , I notified William
Batt, counsel for Qwest Corporation, of my request for extension. On February 7, I spoke
with his assistant to advise of the particulars of my extension request. I was advised that the
request would be passed on to Mr. Batt but I have not heard back as of to day s date.
AFFIDAVIT IN SUPPORT OF MOTION FOR EXTENSION - 2
If the request is granted, I can assure the Court that I will submit my brief on
or before March 1. On any previous occasion where an extension has been granted, I have
always filed in a timely manner.
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JJM ~!NES
SUBSCRIBED AND SWORN to b~r6 me tbis gt day of January, 2004.
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NOTARYP CFORIDAHO
Residing at: Meridian, Idaho
My Commission Expires: 6/15/06
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 8th day of January, 2004, I caused to be served a
true and correct copy of the foregoing AFFIDAVIT IN SUPPORT OF MOTION FOR
EXTENSION by depositing the same in the United States mail, postage prepaid, in an
envelope addressed to the following:
WILLIAM 1. BATT
Marshall, Batt & Fisher
O. Box 1308
Boise, ill 83701
AFFIDAVIT IN SUPPORT OF MOTION FOR EXTENSION - 3