20040917Court Approval of Stipulation for Augmentation.pdf

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In the Supreme Court of tit :J~.
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IN THE MATTER OF THE JOJNT PETITION
OF ROBERT RYDER, DBA RADIOP AGING
SERVICE, JOSEPH MC NEAL, DBA
AGEDATE AND INTERP AGE OF IDAHO
FOR A DECLARATORY ORDER AND
RECOVERY OF OVERCHARGES FROM U.S. )
WEST COMMUNICATIONS, INC.
- - - - - - - ----- - - - -- --- - -- --- - -- - -- -- - - -- --- - -- - -- - - - -- - -- - --- )
IDAHO PUBLIC UTILITIES COMMISSION
ROBERT RYDER dba RADIO P AGJNG
SERVICE, et aI.
P eti tioners- Appellants
Respondent on Appeal
and
QWEST CORPORATION
Respondent -Respondent on App eaI.
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ORDER
NO. 29175
STIPULATION FOR AUGMENTATION OF THE AGENCY RECORD with
attachments was filed by the parties September 10, 2004. Therefore, good cause appearing,
IT IS HEREBY ORDERED that the STIPULATION FOR AUGMENTATION OF THE
AGENCY RECORD be, and hereby is, APPROVED, in part, and the appeal record shall include
the document listed below, a copy of which accompanied the Stipulation, by being inserted in the
Agency s Record beginning at Volume 11A, page 997, together with a copy of this Order with
appropriate notations to the Index and Table of Contents:
1. Order No. 29491 dated May 12, 2004.
IT IS FURTHER ORDERED that the Court shall take judicial notice of the documents
listed below, copies of which accompanied the Stipulation, as they are located in the Court's file:
1. Order Granting Motion to Continuethe Suspended Appeal dated June 7, 2004.
2. Second Stipulated Motion to Continue the Suspended Appeal dated July 9 2004.
3. Notice of Order Granting Second Stipulated Motion to Continue the Suspended
Appeal dated July 14, 2004.
IT IS FURTHER ORDERED that the appeal record shall include the documents listed
, below, copies of which accompanied the Stipulation, as EXHIBITS:
1. Qwest Corporation s Corrected Response to IPUC Order No. 29491 dated May 27
2004.
2. Petitioner s Reply Pursuant to IPUC Order No. 29491 dated June 8, 2004.
3. Qwest Corporation s Objections to Petitioner s Reply and Motion to Strike dated
July 8, 2004.
4. Petitioners' Response to Qwest Corporation s Obj ections to Petitioners ' Reply andMotion to Strike dated July 9 2004.
5. Qwest's Recalculation of Credits Due Pursuant to Order No. 29555 dated August 12
2004.
6. Affidavit of Joseph McNeal dated August 17 2004.
7. Affidavit of Robert Ryder dated August 17 2004.
8. Qwest Corporation s Motion to Stay Order No. 29555 dated August 20 2004.
9. Qwest Corporation s Petition for Reconsideration, Alteration or Amendment of Order
No. 29555 dated August 23 , 2004.
10. ~etitioner s Response to Qwest Corporation s Motion to Stay Order No. 29555 dated
August 24, 2004.
11. Affidavit of Jim Jones, dated August 24 2004.
12. Petitioners ' Response to Qwest Corporation s Petition for Reconsideration, Alteration
or Amendment of Order No. 29555 dated September 2, 2004.
IT IS FURTHER ORDERED that the STIPULATION FOR AUGMENTATION OF
THE AGENCY RECORD be, and hereby is, NOT APPROVED for the reason a copy of the
document listed below did not accompany the Stipulation as required by I.A.R. 30:
1. Order to be issued by IPUC in response to Qwest's Motion to Stay and Petition for
Reconsideration.
DATED this day of September 2004.
For the Su
cc:Counsel of Record