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Home My WebLink About20050223Motion to Allocate Oral Argument Time.pdfDONALD L. HOWELL, II DONOY AN E. WALKER DEPUTY ATTORNEY GENERALS IDAHO PUBLIC UTILITIES COMMISSION PO BOX 83720 BOISE, ill 83720wO074 (208) 334w0312 IDAHO BAR NO. 3366 IDAHO BAR NO. 5921 Attorney for the Respondent on Appeal-Respondent on Cross Appeal, Idaho Public Utilities Commission IN THE SUPREME COURT OF THE STATE OF IDAHO ROBERT RYDER DBA RADIO PAGING SERVICE, JOSEPH B. McNEAL DBA PAGEDATA AND INTERPAGE OF IDAHO AND TEL-CAR, INC. Petitioners/Appellants-Respondents on Cross Appeal IDAHO PUBLIC UTILITIES COMMISSION Respondent on Appeal-Respondent on Cross Appeal and QWEST CORPORATION, Respondent/Respondent on Appeal- Appellant on Cross Appeal. SUPREME COURT DOCKET NO. 29175 IPUC CASE NO. USW-99- JOINT MOTION/REQUEST TO ALLOCATE ORAL ARGUMENT TIME Pursuant to Idaho Appellate Rule 37 (b), the parties to this appeal hereby request that the Court allocate tilne for each party s oral argulnent. JOINT MOTION/REQUEST TO ALLOCATE ORAL ARGUMENT TIME If there are multiple parties , the parties on each side shall allocate the time for argument between and among themselves prior to the commencement of oral argument. In the absence of such agreement, on the request of any party at least 14 days before oral argument, an allocation of time will be made by the Supreme Court at least seven (7) days before argument. The Court may allocate the time for argument between and among co-parties or in its discretion allocate equal or unequal time for argument to each of the co-parties, or the Court may allot the full time for argument to each of the co-parties. LA.37(b). This matter is currently scheduled for oral argument before the Court on March 9 2005 at 10:00 a.m. The parties met on February 22, 2005 and after discussion decided to jointly request the Court to allocate more than the allotted one-hour oral argument time because of. the complexity of this case. Consequently, the parties now jointly request, pursuant to LA.R. 37(b), that the Court allocate oral argument tin1e to each party. This case involves the appeal of the Joint Petitioners, Robert Ryder, dba Radio Paging Service, Joseph McNeal, dba PageData and InterPage of Idaho , (Pagers) as well as the cross appeal of Qwest Corporation (Qwest). The Idaho Public Utilities Colnmission (PUC) is both a Respondent on Appeal and a Respondent on Cross Appeal. The PUC anticipates that it will need approximately 20 minutes of oral argument time. The Appellant, Pagers , and the Cross Appellant, Qwest, anticipate that they will need approximately 30 minutes each. After discussion, all parties felt that it would be difficult to adequately present their case and fit the arguments of three parties into a one-hour time slot. Therefore the parties agreed to request that the Court allocate oral argument time by granting both the Pagers and Qwest 30 minutes each, and granting the PUC 20 minutes. The parties respectfully suggest that the one-hour and 20 minute oral argument time could possibly be accommodated by moving this case from the 10:00 a.m. to the 11 :00 a.m. time slot on March 9 JOINT MOTION/REQUEST TO ALLOCATE ORAL ARGUMENT TIME 2005 and nln the extra tinle into the lunch hour. Alternatively, the paliies would suggest the possibility oflnoving the argunlent titne to the aftenloon of March 9, 2005. This case involves technical, complicated telecommunications and regulatory concepts and issu~s. This case also involves Inultiple Orders of the PUC, a voluminous administrative record, as well as numerous parties. The parties are aware of the fact that the Court has a busy schedule that must accommodate multiple complex cases, however because of the nature of this' particular case each pmiy feels that the requested allotlnent of time is the minimum time that. they require to adequately explain their respective positions to the Court. The parties respectively request, pursuant to LA.R. 37(b), that the Court allocate 20 nlinutes of oral argument time to the PUC, 30 minutes to the Appellant, Pagers, and 30 minutes to the Cross Appellant, Qwest. Submitted on behalf of all the parties this day of February, 2005. onovan E. Walker, Idaho Bar No. 5921 Donald L. Howell, II, Idaho Bar No. 3366 Deputy Attorney Generals For the Idaho Public Utilities Comnlission Brad M. Purdy Attorney for Appellant, Pagers y-e (/-tdRI William J. Batt Attorney for Qwest JOINT MOTION/REQUEST TO ALLOCATE ORAL ARGUMENT TIME . 3 02/23/2005 12: 26 FAX 2083312400 BATT & FI SHER LLP 141 004 2005 and run the extra time into the lunch hour. Alternatively, the parties \vould suggest the possibility of moving the argument tinie to the afternoon of March 9, 2005. . This case involves technical, co1l1plicated teleCOTIlmUnications and regulatory concepts and issues. Thjs case also involves multiple Orders of the PUC, a voluminous administrative record, as well as numerous parties. The parties are aware of the fact that the Court has a busy schedule that must accommodate multiple complex cases, however because of the nature of this particular case each party feels that the requested allobnent of time is the minimum 6n1e that they require to adequately explain their respective positions to the Court. The parties respectively request, pursuant to LA.R. 37(b), that the Court allocate 20 minutes of oral argument time to the PUC, 30 minutes to the Appellant, Pagers, and 3 a minutes to the Cross AppeHant, Qwest. Subrnitted on behalf of all the parties this day of February, 2005. Donovan E. Walker, Idaho BarNo. 5921 Donald L. Howell, II, Idaho Bar No. 3366 Deputy Attorney Generals For the Idaho Public Utilities Commission Brad M. Purdy Atton1ey for Appellant, Pagers William J. Batt Attorney for Qwest JOINT MOTION/REQUEST TO ALLOCATE ORAL ARGUMENT TIME CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I HAVE THIS 23rd DAY OF FEBRUARY 2005 SERVED THE FOREGOING JOINT MOTION/REQUEST TO ALLOCATE ORAL ARGUMENT TIME, IN SUPREME COURT DOCKET NO. 29175, VIA U S MAIL BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO: BRAD M. PURDY ATTORNEY AT LAW 2019 N. 17TH ST BOISE ill 83702 WILLIAM J. BATT BATT & FISHER LLP TH FLOOR 101 S CAPITOL BLVD PO BOX 1308 BOISE ID 83701 ADAM SHERR QWEST COMMUNICATIONS , INC. 1600 7TH AVENUE, ROOM 3206 SEATTLE, WA 98191 CJru ~~P- SECRETARY CERTIFICATE OF SERVICE