20040527Qwest Motion for Extension to file reply brief.pdf

Mary S. Hobson (ISB #2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
ECEIVED 0L ED
2fJn~t~iAY 25 PM q: 33
' it) F'UHCICU j ILl'riES COI'1t"iiSSIOti
Charles W. Steese
Steese & Evans, P.
6400 S. Fiddlers Green Circle, Suite 1820
Denver, CO 80111
Telephone: [phone]
Facsimile: [phone]
csteese~s-elaw. conl
IN THE SUPREME COURT OF THE STATE OF IDAHO
IDAHO TELEPHONE ASSOCIATION
CITIZENS TELECOMMUNICATIONS
COMP ANY OF IDAHO, CENTURYTEL OF
IDAHO, CENTUR YTEL OF THE GEM
STATE, POTLATCH TELEPHONE
COMPANY and ILLUMINET, INC.
Docket No. 30107
DC Docket No. QW - T -03-
QWEST CORPORATION'S MOTION
FOR EXTENSION OF TIME TO FILE
REPLY BRIEF AND MOTION TO
EXPEDITE DECISION THEREON
Respondents
vs.
QWEST CORPORATION
Appellant.
Pursuant to Idaho Appellate Rules 34( e) and 46, Appellant Qwest Corporation
(Qwest), hereby moves for an extension of time in which to file its Appellant's brief, from June
, 2004 to July 1 , 2004. Idaho Appellate Rule 46 provides that "(t)he time prescribed by these
rules
...
may be enlarged by the Court or any Justice thereof for good cause shown upon the
motion of a party." I.A.R. 46 (2003). Idaho Appellate Rule 34(e) requires a "clear showing of
QWEST CORPORATION'S MOTION FOR EXTENSION OF TIME
TO FILE REPLY BRIEF AND MOTION TO EXPEDITE DECISION THEREON - Page 1
Boise-171547.1oo29164-ooo82
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good cause" and an affidavit in support of the motion. I.R. 34( e) (2003). In accordance with
Rule 34(e), Qwest submits the Affidavit of Charles W. Steese, dated May 25 2004.
Qwest's Reply Brief is presently due on June 10 , 2004. This is the first request
for an extension of the deadline to file the Reply Brief although Qwest and Respondents have
each been granted an extension for the filing their respective Appellant's and Respondents
briefs. No previous requests have been denied.
Good cause exists for the extension that Qwest seeks. Qwest's lead counsel
Chuck Steese, is currently occupied filing several motions to dismiss and/or for summary
judgment in an AAA arbitration which must be completed by May 26, 2004. Thereafter Mr.
Steese is on vacation until May 31, 2004, and will be in Baltimore Maryland defending
depositions in a complex copyright matter during the week of June 7, 2004.
Due to scheduling conflicts described in his Affidavit, Mr. Steese will have
inadequate time to prepare the Reply Brief in this matter until after June 10, 2004. Because the
Reply Brief requires presentation of complex telecommunications facts to the Court, Mr.
Steese s participation in the briefing is essential. Qwest therefore requests an extension of the
filing deadline for 21 calendar days, from June 10, 2004 to July 1 , 2004. The Court granted an
extension of 28 days to Respondents for filing their brief on virtually identical grounds.
Furthermore, because the present deadline is less than three weeks out, Qwest
moves the Court to expedite its decision on this Motion.
Qwest's counsel conferred with counsel for Respondents Illuminet , Inc., Electric
Lightwave, Inc., Citizens Telecommunications Co. of Idaho, and the Idaho Telephone
Association, regarding this Motion. Opposing counsel confirm that Respondents will not oppose
this Motion.
QWEST CORPORATION'S MOTION FOR EXTENSION OF TIME
TO FILE REPLY BRIEF AND MOTION TO EXPEDITE DECISION THEREON - Page 2
Boise-171547.1 0029164-00082
WHEREFORE, Appellant Qwest Corporation requests that the Court extend the deadline
in which to file the Reply Brief, from June 10, 2004 to July 1 , 2004, and that the Court expedite
its ruling on this Motion.
RESPECTFULLY SUBMITTED this 26th day of May 2004.
g1f.~Mary S. obson
Stoel Rives, LLP
Charles W. Steese
Steese & Evans, P.
Attorneys for Qwest Corporation
QWEST CORPORATION'S MOTION FOR EXTENSION OF TIME
TO FILE REPL Y BRIEF AND MOTION TO EXPEDITE DECISION THEREON - Page 3
Boise-171547.1 0029164-00082
CERTIFICATE OF SERVICE
I hereby certify that on this 26th day of May 2004, I served the MOTION FOR
EXTENSION TO FILE REPLY BRIEF AND MOTION TO EXPEDITE DECISION as
follows:
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83702
(~)
Hand DeliveryL-J U. S. Mail
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Overnight Delivery
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Facsimile
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F. WaYlle Lafferty
LKAM Services, Inc.
2940 Cedar Ridge Drive
McKinney, TX 75070
Facsimile: [phone]
) Hand Delivery
(~)
U. S. Mail
(~
Overnight Delivery
Facsimile
(~
Email
Todd Lundy
Qwest Services Corporation
1801 California Street - 47th Floor
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
11 undy~q wes t. com
(~
Hand Delivery(~J U. S. MailL) Overnight Delivery
Facsimile
Email
Thomas J. Moorman
Kraskin, Lesse & Cosson LLP
2120 L Street NW - Suite 520
Washington DC 20037
Phone: [phone]
Fax: [phone]
tInoonnan~klctele.com
(~
Hand Delivery
LXJ U. S. Mail
Overnight Delivery
Facsimile
Email
Morgan W. Richards
Moffatt Thomas
101 South Capitol Boulevard - 10th Floor
Boise, ID 83701
mwr~moffatt.com
(~)
Hand Delivery
(~
U. S. Mail
(~
Overnight Delivery
(~
Facsimile
(~
Email
QWEST CORPORATION'S MOTION FOR EXTENSION OF TIME
TO FILE REPLY BRIEF AND MOTION TO EXPEDITE DECISION THEREON - Page 4
Boise-171547.1oo29164-0oo82
Charles W. Steese
Steese & Evans, P.
6400 S. Fiddlers Green Circle, Suite 1820
Denver, CO 80111
Telephone: [phone]
Facsimile: [phone]
csteese~s-elaw. com
(~
Hand Delivery
(~
U. S. Mail
(~
Overnight Delivery
Facsimile
(~)
Email
Clay Sturgis
Moss Adams LLP
601 West Riverside - Suite 1800
Spokane, W A 99201-0663
(~
Hand Delivery
(~)
U. S. Mail
Overnight Delivery
(~
Facsimile
(~
Email
Lance Tade
Citizens Telecommunications
4 Triad Center - Suite 200
Salt Lake City, UT 84180
Facsimile: [phone]
(~
Hand Delivery
(~)
U. S. MailL-J Overnight Deli very
(~
Facsimile
(~
Email
Conley Ward
Givens Pursley
277 North 6th Street - Suite 200
O. Box 2720
Boise, ID 83701
cew~gi venspursley. com
(~)
Hand Delivery
J U. S. Mail
Overnight Delivery
(~
Facsimile
(~
Email
Richard Wolf
Illuminet, Inc.
4501 Intelco Loop SE
O. Box 2909
Olympia, W A 98507
J Hand Deli very
LXJ U. S. Mail
(~
Overnight Delivery
Facsimile
Email
~A~~
Brand L. Gearhart, PLS
Legal Assistant to Mary S. Hobson
Stoel Rives
QWEST CORPORATION'S MOTION FOR EXTENSION OF TIME
TO FILE REPLY BRIEF AND MOTION TO EXPEDITE DECISION THEREON - Page 5
Boise-171547.1 0029164-00082
Mary S. Hobson (ISB #2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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UTILlflES COr1r"1ISSfON
Charles W. Steese
Steese & Evans, P.
6400 S. Fiddlers Green Circle, Suite 1820
Denver, CO 80111
Telephone: [phone]
Facsimile: [phone]
csteese~s-elaw. com
IN THE SUPREME COURT OF THE STATE OF IDAHO
IDAHO TELEPHONE ASSOCIATION
CITIZENS TELECOMMUNICATIONS
COMP ANY OF IDAHO, CENTURYTEL OF
IDAHO, CENTURYTEL OF THE GEM
STATE, POTLATCH TELEPHONE
COMPANY and ILLUMINET, INC.
Docket No. 30107
DC Docket No. QW-03-
Respondents
AFFIDAVIT OF CHARLES W. STEESE IN
SUPPORT OF QWEST CORPORATION'
MOTION FOR EXTENSION OF TIME TO
FILE REPLY BRIEF
vs.
QWEST CORPORATION
Appellant.
, Charles W; Steese, being over 18 years old and having personal knowledge of each fact
asserted in this Affidavit, hereby attest as follows.
Qwest's Reply Brief is presently due on June 10 2004.
No extensions of time have previously been granted on this brief.
No previous requests for extensions of time have been denied or denied in part.
AFFIDAVIT OF CHARLES W. STEESE IN SUPPORT OF QWEST
CORPORATION'S MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF - Page 1
Boise-171566.1 0029164-00082
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The reason that the extension is necessary is that I am currently occupied filing
several motions to dismiss and/or for summary judgment in a AAA arbitration. Those briefs
must be completed on May 26, 2004. Between May 26 and May 31, I have preexisting plans to
be out of the country on vacation. Upon my return, I must prepare witnesses and defend
depositions in a complex copyright matter in Baltimore, Maryland through June 9, 2004.
Finally, the case before this Court is sufficiently complex that an extension would have been
necessary simply to adequately respond to the complexity of the issues raised in this appeal.
Accordingly, an extension of 21 calendar days is necessary, and the Appellant's
Reply Brief would become due on July 1 2004.
I am confident that Qwest will file its Appellant's Reply Briefwithin the extended
time.
I attest under penalty of peIjury the truth and accuracy of the foregoing facts, and
respectfully request that Qwest's Motion be granted.
ST ATE OF COLORADO
COUNTY Ffrrfrl c.. /J
) ss:
On this -Zs-11 day of May, 2004, before me personally appeared Charles W. Steese, to me
known to be the person described in and who executed the foregoing instrument, and
acknowledged that he executed the same as his free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid, the day and year first above written.
Notary Public
My commission expires: 1/3
/ ()
AFFIDAVIT OF CHARLES W. STEESE IN SUPPORT OF QWEST
CORPORATION'S MO'OON FOR EXTENSION OF TIME TO FILE REPLY BRIEF - Page 2
Boise-171566.1 0029164-00082
CERTIFICATE OF SERVICE
I hereby certify that on this 26th day of May 2004, I served the AFFIDAVIT OF
CHARLES W. STEESE IN SUPPORT OF QWEST CORPORATION'S MOTION FOR
EXTENSION OF TIME TO FILE REPLY BRIEF as follows:
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83702
(~)
Hand DeliveryL-J U. S. Mail
(~
Overnight Delivery
(~
Facsimile
(~
Email
F. WaYlle Lafferty
LKAM Services, Inc.
2940 Cedar Ridge Drive
McKinney, TX 75070
Facsimile: [phone]
) Hand Delivery
(~)
U. S. Mail
(~
Overnight Delivery
FacsimileL-J Email
Todd Lundy
Qwest Services Corporation
1801 California Street - 47th Floor
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
t1 und y~q west. com
(~
Hand Delivery
LXJ U. S. MailL-J Overnight DeliveryL~ Facsimile
J Emai
Thomas J. Moorman
Kraskin, Lesse & Cosson LLP
2120 L Street NW - Suite 520
Washington DC 20037
Phone: [phone]
Fax: [phone]
tm oonTIan~kl cte I e. com
(~
Hand Delivery
(~)
U. S. Mail
(~
Overnight Delivery
(~
Facsimile
J Email
Morgan W. Richards
Moffatt Thomas
101 South Capitol Boulevard - 10th Floor
Boise, ID 83701
mwr~moffatt.com
(~)
Hand Delivery
(~
U. S. Mail
(~
Overnight Delivery
(~
FacsimileL-J Email
Charles W. Steese
Steese & Evans, P.
6400 S. Fiddlers Green Circle, Suite 1820
Denver, CO 80111
Telephone: [phone]
Facsimile: [phone]
csteese~s-elaw. com
Clay Sturgis
Moss Adams LLP
601 West Riverside - Suite 1800
Spokane, W A 99201-0663
Lance Tade
Citizens Telecommunications
4 Triad Center - Suite 200
Salt Lake City, UT 84180
Facsimile: [phone]
Conley Ward
Givens Pursley
277 North 6th Street - Suite 200
O. Box 2720
Boise, ID 83701
cew~gi venspursley .com
Richard Wolf
Illuminet, Inc.
4501 Intelco Loop SE
O. Box 2909
Olympia, W A 98507
(~
Hand DeliveryL-J U. S. MailL-J Overnight Delivery
(~
Facsimile
(~)
Email
(~
Hand Delivery
LXJ U. S. Mail
(~
Overnight Delivery
(~
Facsimile
Email
(~
Hand Delivery
(~)
U. S. Mail
(~
Overnight Delivery
(~
Facsimile
Email
(~)
Hand Delivery
J U. S. Mail
(~
Overnight Delivery
FacsimileL-J Email
(~
Hand Deli very
(~)
U. S. Mail
(~
Overnight Delivery
(~
Facsimile
Email
Brand L. Gearhart, PLS
Legal Assistant to Mary S. Hobson
Stoel Rives