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Home My WebLink About20040909Petitioners Motion for Extension.pdfJim Jones (ISB #1136) JIM JONES & ASSOCIATES 1275 Shoreline Lane Boise, Idaho 83702-6870 Telephone: Boise (208) 385-9200 . Attorney for Petitioners/Appellants f\'ECEJVfD "'-,. ~'. .,.. ~ ... .,. ,- ,., !(. 2DOI! Sf? ... 9 Pl~l 2: UTfL I fli~su C ~t:1~~/~SlGJN 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 P AGEDA T A AND INTERP AGE OF IDAHO, AND TEL-CAR, INC., FOR DECLARATORY ORDER AND RECOVERY OF OVERCHARGES FROM U~S. WEST COMMUNICATIONS INC. M6'f-I-6N-F6R -RX'f-EN-S-I-ON - . ) ROBERT RYDER, d/b/a RADIO PAGING SERVICE, et aI. Petitie ners/-AppeHan is, vs. IDAHO PUBLIC UTILITIES COMMISSION Respondent on Appeal and QWEST CORPORATION Respondent- Respondent on Appeal. MOTION FOR EXTENSION - Docket No. 29175 -- - --- --- - - COMES NOW counsel for Petitioners/Appellants, Robert Ryder, d/b/a Radio Paging Service, Joseph B. McNeal, d/b/a PageData and InterPage of Idaho, and Tel-Car, Inc., who move the Court for entry of an order, pursuant to TAR 34(e), extending the due date for the . brief of Petitioners/Appellants for a period of 2~ days.Appellants ' brief is due September 13, 2004. A 25-day extension would change the due date to October 8 , 2004. Grounds for this motion are set forth in the accompanying Affidavit of Jim Jones. DATED this 8th day ofSeptember 2004. '\ \ \'\, \!' ~ J'(NJj JONES ! I CERTIFICATE OF SERVICE ' - I HEREBY CERTIFY that on this'Bth day of September, 2004, I caused to be served a true and correct copy of the forego!ng MOTION OF EXTENSION by depositing the same in the United States mail, postage prepaid, in an envelope addressed to the following: WILLIAM J. BATT Marshall, Batt & Fisher O. Box 1308 Boise, ill 83701 DON HOWELL Idaho Public Utilities Commission 4 7'(Wt;s!... Was Ii - Bors.e, ID' 3702 /nM iONES . \\, . .. MOTION FOR EXTENSION - 2 Jim Jones (ISB #1136) JIM JONES & ASSOCIATES 1275 Shoreline Lane Boise, Idaho 83702-6870 Telephone: Boise (208) 385-9200 Attorney for Petitioners/Appellants ",,"""I'ICDLt.I~LU \11 ILEO " ~ . t;''1f'\\';I e'cp _0 j L. \;IvIhU-i ... . . , .. ,u \ U .. '\;:(' .....~1 U T1L \l \ E S co r~1t'~\0.:Ii iJn 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 P AGEDA T A AND INTERP AGE OF IDAHO, AND TEL-CAR, INC., FOR DECLARATORY ) ORDER AND RECOVERY OF OVERCHARGES FROM U.S. WEST COMMUNICATIONS INC. . ) ~OBERT RYDER, d/b/a RADIO PAGING SERVICE, et aI. Petitioners/Appellants vs. IDAHO PUBLIC UTILITIES CO1VIMISSION 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 TIM 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 September 13 2004. An extension was previously requested by Appellants on January 8, 2004. Shortly thereafter, the case was remanded to the Idaho Public Utilities Commission for further proceedings. This is the second request for extension but the first after the remand. An exten~ion of the filing date for Appellants ' brief is necessary because proceedings are still on-going with regard to the issue for which the remand was made. The, Commission served its order with regard to the issue on remand (Order No. 29555) on August 2, 2004. On August 23 , . ~004, Respondent Qwest Corporation filed a Petition for Reconsideration, Alteration or Amendment of Order No. 29555. No ruling has been made by the Commission yet on such petition and, pursuant to I.C. ~ 67-626(2), the Commission has until September 20, 2004, to issue its ruling. The Commission s Order No. 29555 favored Appellants and would, if not challenged on appeal by Qwest, eliminate several issues that Appellants intended on pursuing on appeal. Qwest indicated that it Was filing its petition for reconsideration, largely for the purpose of not being precluded under I.C. ~61-627 from seeking appellate review in the event the Commission declines relief on the petition for reconsideration. A twenty-five day extension will allow for the Commission for decide the petition for reconsideration and will give the parties a better picture of what issues need to be briefed and submitted for determination on appeal. Furthermore, in anticipation of the possibility that the issues presented on appeal may change depending on the Commission AFFIDAVIT IN SUPPORT OF MOTION FOR EXTENSION - 2 determination with respect to the petition for reconsideration the parties are working on a stipulation to augment the agency record on appeal. Twenty-five (25) additional days would permit the Commission to act on the petition for reconsideration filed by Qwest Corporation, allow for the parties to work out their stipulation to augment the record on appeal, and allow the parties to better determine the issues to be presented for appellate review. Both the counsel for the Commission and for Qwest Corporation have been informed of this motion and neither object to the extension... ~M JpNE~ \. ' , SlJBSCRIBED AND SWORN to before me this 8th day of September, 2004. ~~3~~gSe9~~ ~,," ' ""'~ 'A~~"" ~ v.,.., 'it ~ ' "),. t; 1'\ z:., ~~" ~ ~'\ J:'-'" , " ',)' ,.,~ -:", ~,j!)';j"'~,,~,'), .if ..( ~ ~~ ..t'~i "; ;),;) 1) T;r /!!! '" ..JI ,,) '!) ~ ;;;.e- ,;) '~- ~ ", 'r'i) "'!"A'D.. , ., ""C""Io'J '\. !I.' ."",-\j' Cit ' , ~ ~ .. , "- , tIJi ~, . . := 'i)' ~':t~Ii!I .. "- ~ ~ G (!) ~ 'JI '!. '.1J P ""'"""'1 "f, c. , ',," 'oJ 'UD:!---' "- ~ (,.-) \1) ' ~'...);: i.P':J.. 3'3 ,"Y.;' "'" '30~OI!)3~~ ':;-.; , ";"1'~.:.. ..d ~ ..-'\). "~ ~~ ?:i' ~ \';'- ~ :9,,~ ~ ~ ~'bQ~'aiiIDaiji" , M ' )' ," """.. , , ' NOTARY PUBLIC$OR IDAHO ~,~ Residing at: Meridian, Idaho My Commission Expires: 6/15/06 AFFIDAVIT IN SUPPORT OF MOTION FOR EXTENSION - 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 8th day of September, 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 envelope addressed to the following: WILLIAM J. BATT , Marshall, Batt & Fisher O. Box 1308 Boise, ID 83701 DON HOWELL Idaho Public Utilities Commission 472 West Washipg!on Boise~83702 "' .......... JIM JaNES / 'vi AFFIDAVIT IN SUPPORT OF MOTION FOR EXTENSION - 4