20040401Affidavit in Support of Motion.pdf

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Conley Ward, ISB No. 1683
GIVENS PURSLEY LLP
277 North 6th Street, Suite 200
Post Office Box 2720
Boise, Idaho
Telephone [phone]
Facsimile [phone]
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JTIL!T!ES' cOHj-:(I S~ION
Attorneys for Idaho Telephone
Association
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.
Supreme Court No. 30107
Complainants-Respondents
AFFIDAVIT OF CONLEY WARD
SUPPORT OF RESPONDENTS'
MOTION FOR EXTENSION OF TIME
TO FILE RESPONDENTS' BRIEF AND
MOTION TO EXPEDITE DECISION
THEREON
vs.
QWEST CORPORATION
Respondent-Appellant.
CONLEY WARD of Boise, Idaho. hereby declares as follows:
I am the attorney of record for the Idaho Telephone Association.
The Idaho TelephoneAssociation and the other complainants in this
appeal (collectively, "Respondents ) have agreed to file a single brief in response to Appellants
brief filed with the Court on March 24, 2004.
AFFIDAVIT OF CONLEY WARD IN SUPPORT OF
RESPONDENTS' MOTION FOR EXTENSION OF TIME
TO FILE RESPONDENTS' BRIEF AND MOTION TO
EXPEDITE DECISION THEREON- 1 BOLMT2:542009.
Respondents' Brief is presently due on April 22 , 2004.
No extensions of time have previously been granted or denied or denied in
part on Respondents' Brief.
In order to coordinate the filing of a single brief, Respondents' counsel
needs to collaborate and coordinate a common response in their Brief to the issues raised by
Qwest. However, I have a longstanding commitment to represent another client in a proceeding
before the Idaho Public Utilities Commission. This proceeding is scheduled to begin on March
, 2004 and last for two weeks. During that two week period, I will be totally involved in
representation of my client in this other matter, and therefore will not be available to work with
Respondents ' other counsel in drafting the Respondents ' Brief. Assuming the hearing goes for
the full two weeks, I will not be available to work on Respondents' Briefuntil April 12 , 2004 a
mere ten days before Respondents' Briefis due.
The issues raised in this appeal are complex and technical. In order to
respond to Appellant's arguments, I will need to devote a substantial amount of time to working
with co-counsel for the various Respondents and preparing Respondents' Brief.
Due to the complexity of the issues involved in this appeal and the prior
commitments of Appellant's counsel, Respondents did not oppose Appellant's motion for an
extension of time.
Accordingly, an extension of 42 calendar days is necessary, and the
Respondents' Brief would become due on June 4 2004.
AFFIDAVIT OF CONLEY WARD IN SUPPORT OF
RESPONDENTS' MOTION FOR EXTENSION OF TIME
TO FILE RESPONDENTS' BRIEF AND MOTION TO
EXPEDITE DECISION THEREON- 2 BOLMT2:542009.
Qwest's attorney, Mary Hobson , has indicated that Qwest has no
objections to Respondents' Request for an Extension of Time.
I declare, under penalty of petjury of the laws of the United States, that the
foregoing is true and correct.
STATE OF IDAHO
) ss.
COImty of Ada
--':1On this 6l&/;ay of March, 2004, before me 'fAdJ'C. ()J( fj
personally appeared CONLEY WARD, known or identified to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and yearm
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:::ficate fITS! above writteo.
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AFFIDAVIT OF CONLEY WARD IN SUPPORT OF
RESPONDENTS' MOTION FOREXTENSION OF TIME
TO FILE RESPONDENTS' BRIEF AND MOTION TO
EXPEDITE DECISION THEREON- 3 BOI- MT2:542009.
CERTIFICATE OF SERVICE
s -('I HEREBY CERTIFY that on this..2L day of March, 2004, I caused a true and
correct copy ofthe foregoing AFFIDAVIT OF CONLEY WARD IN SUPPORT OF
RESPONDENTS' MOTION FOR EXTENSION OF TIME TO FILE RESPONDENTS'
BRIEF AND MOTION TO EXPEDITE DECISION THEREON to be served by the method
indicated below, and addressed to the following:
Mary S. Hobson
STOEL RIVEs LLP
101 South Capitol Boulevard, Suite 1900
Boise, Idaho 83702-5958
Fax: [phone]
( ) u.S. Mail, Postage Prepaid
JXfHand Delivered
( )
Overnight Mail
( )
Facsimile
Todd Lundy
QWEST SERVICES CORPORATION
1801 California Street - 47th Floor
Denver, Colorado 80202
Fax: [phone]
PO U.S. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
( )
Facsimile
Charles W. Steese
STEESE & EVANS, P.
6400 South Fiddlers Green Circle, Suite 1820
Denver, Colorado 80111
. Fax: [phone]
MU.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
MFacsimile
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
WU.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
p(Facsimile
F. Wayne Lafferty
LKAM Services, Inc.
2940 Cedar Ridge Drive
McKinney, Texas 75070
Fax: [phone]
o(U.S. Mail, Postage Prepaid
( )
Hand Delivered
( ) Overnight Mail
( )
Facsimile
AFFIDAVIT OF CONLEY WARD IN SUPPORT OF
RESPONDENTS' MOTION FOR EXTENSION OF TIME
TO FILE RESPONDENTS' BRIEF AND MOTION TO
EXPEDITE DECISION THEREON- 4 BOI MT2:542009.
- Clay Sturgis
Moss Adams LLP
601 West Riverside, Suite 1800
Spokane, Washington 99201-0663
Mu.s. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
MU.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
OQFacsimile
Lance Tade
Citizens Telecommunications
4 Triad Center, Suite 200
Salt Lake City, Utah 84180
Fax: [phone]
Richard Wolf
Illuminet, Inc.
4501 Inte1co Loop SE
O. Box 2909
Olympia, Washington 98507
!?(u.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Thomas J. Moorman
Kraskin, Lesse & Cosson LLP
2120 L Street NW, Suite 520
Washington D.c. 20037
Fax: [phone]
).4'U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
Wacsimile
Conley Ward
Givens Pursley
277 North 6th Street, Suite 200
O. Box 2720
Boise, Idaho 83701
Mu.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
)XrFacsimile
0, Leu
Morgan . Richards
AFFIDAVIT OF CONLEY WARD IN SUPPORT OF
RESPONDENTS' MOTION FOR EXTENSION OF TIME
TO FILE RESPONDENTS' BRIEF AND MOTION TO
EXPEDITE DECISION THEREON- 5 BOI MT2:542009.