20040401Respondents Motion.pdf

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MOFFATT THOMAS BARRETT RoCK& 'U'J
~LDS, C~RTERED 'JIILlTIES cut--\HISSION
101 S. Capitol Blvd., 10th Floor
Post Office Box 829
Boise, Idaho 83701
Telephone [phone]
Facsimile [phone]
Conley Ward, ISB No. 1683
GIVENS PURSLEY LLP
277 North 6th Street, Suite 200
Post Office Box 2720
Boise, Idaho
Telephone [phone]
Facsimile [phone]
Thomas J. Moorman
KRASKIN, LESSE & CassoN, LLC
2120 L Street, N., Suite 520
Washington D.C. 20037
Telephone [phone]
Facsimile [phone]
IN THE SUPREME COURT OF THE STATE OF IDAHO
IDAHO TELEPHONE ASSOCIATION
CITIZENS TELECOMMUNICA nONS
COMPANY OF IDAHO, CENTURYTEL OF
IDAHO, CENTURYTEL OF THE GEM
STATE, POTLATCH TELEPHONE
COMP ANY and ILLUMINET, INc.
Supreme Court No. 30107
RESPONDENTS' MOTION FOR
EXTENSION OF TIME TO FILE
RESPONDENTS' BRIEF AND MOTION
TO EXPEDITE DECISION THEREON
Comp lainants- Respondents
vs.
QWEST CORPORATION
Respondent-Appellant.
RESPONDENTS' MOTION FOR EXTENSION OF TIME
TO FILE RESPONDENT'S BRIEF AND MOTION TO
EXPEDITE DECISION THEREON - 1 BOI MT2:541954.
Pursuant to Idaho Appellate Rules 34(3) and 46, Respondents Idaho
Telephone Association, Citizens Telecommunications Company ofIdaho, Electric Lightwave
Inc., and Illuminet, Inc. ("Respondents ), hereby move for an extension of time in which to file
their Respondents' brief, from April 22, 2004 to June 4, 2004. Idaho Appellate Rule 46 provides
tV-at "(tJhe 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(
requires a "clear showing of good cause" and an affidavit in support of the motion. I.A.R. 34( e)
(2003). In accordance with Rule 34(e), Respondents submit the Affidavit of Conley Ward, dated
March 30, 2004.
The Respondents ' Brief is presently due on April 22 , 2004. This is the
first request for an extension ofthe deadline to file the Respondents' Brief; no previous requests
were made and therefore none have been denied, nor denied in part.
Good cause exists for the extension that Respondents seeks. In the
proceedings below, Respondents consolidated their pleadings to the Public Utilities Commission
to avoid repetition of facts and arguments from the various Respondents. Respondents have
agreed to consolidate their efforts before the Court to promote the Court's efficient consideration
of the facts and arguments common to all Respondents. Such a coordinated effort requires the
full participation of all counsel for the various Respondents. However, Conley Ward, counsel
for the Idaho Telephone Association is involved in a two week hearing in another matter
beginning March 29 2004.
RESPONDENTS' MOTION FOR EXTENSION OF TIME
TO FILE RESPONDENT'S BRIEF AND MOTION TO
EXPEDITE DECISION THEREON - 2 BOI MT2:541954_
As a consequence, Mr. Ward will be in all day hearings on this other
matter, and unavailable to participate in any meaningful way in responding to Appellant's brief.
Without Mr. Ward's participation in the drafting of the Respondents
Brief, Respondents will not be able to coordinate their efforts and file a single brief representing
the common views of all Respondents. Respondents therefore request an extension of the filing
deadline for 42 calendar days, from April 22, 2004 to June 4, 2004.
Furthermore, because the present deadline is less than four weeks out
Respondents respectfully move the Court to expedite its decision on this Motion.
Appellant was granted leave to extend its deadline approximately five
weeks on motion to the Court, and Respondents did not oppose that motion. Appellant cited the
unavailability of one of Appellant's counsel and the complexity of the issues involved in the
appeal as the compelling reasons for the Court to grant Appellant's motion. Respondents are
faced with virtually identical reasons.
Respondents' counsel has conferred with Mary Hobson, counsel for
Appellant, Qwest Corporation. Opposing counsel has no objection to Respondents' Motion for
Extension of Time.
WHEREFORE, Respondents request that the Court extend the deadline in which
to file the Respondent Brief, from April 22, 2004 to June 4, 2004, and that the Court expedite its
ruling on this Motion.
RESPONDENTS' MOTION FOR EXTENSION OF TIME
TO FILE RESPONDENT'S BRIEF AND MOTION TO
EXPEDITE DECISION THEREON - 3 BOI MT2:541954.
RESPECTFULLY SUBMITTED this 31- day of March, 2004.
MOFFATT, THOMAS, BARRETT, ROCK &
FIELDS, CHARTERED
By c,
Morgan W. . chards - Of the
Attorneys for Citizens
Telecommunications Company of Idaho
GIVENS PURSLEY LLP
By W~ ~~fZ..
ConleyW -OftheFi
Attorneys for Illuminet, Inc.
KRASKIN, LESSE & CassoN LLP
':1.
~~ ~
tN--u R...
Thomas J. Moorman - Ofthe lrm
Attorneys for Illuminet, Inc.
RESPONDENTS' MOTION FOR EXTENSION OF TIME
TO FILE RESPONDENT'S BRIEF AND MOTION TO
EXPEDITE DECISION THEREON - 4 BOI MT2:541954.
CERTIFICATE OF SERVICE
sf-I HEREBY CERTIFY that on this 3/-day of March, 2004, I caused a true and
correct copy of the foregoing 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]
( ) U7:Mail, Postage Prepaid
(lJ1land Delivered
( ) Overnight Mail
( ) Facsimile
Todd Lundy
QWEST SERVICES CORPORATION
1801 California Street - 47th Floor
Denver, Colorado 80202
Fax: [phone]
(~ Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Charles W. Steese
STEESE & EVANS, P. C.
6400 South Fiddlers Green Circle, Suite 1820
Denver, Colorado 80111
Fax: [phone]
~ Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
~csimile
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
~ Mail, Postage Prepaid
(~and Delivered
( ) O)'ernight Mail
(~acsimile
F. Wayne Lafferty
LKAM Services, Inc.
2940 Cedar Ridge Drive
McKinney, Texas 75070
Fax: [phone]
( ~
Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
( ) Facsimile
Clay Sturgis
Moss Adams LLP
601 West Riverside, Suite 1800
Spokane, Washington 99201-0663
(~~ail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
( )
Facsimile
RESPONDENTS' MOTION FOR EXTENSION OF TIME
TO FILE RESPONDENT'S BRIEF AND MOTION TO
EXPEDITE DECISION THEREON - 5 BOI MT2:541954.
Lance Tade
Citizens Telecommunications
4 Triad Center, Suite 200
Salt Lake City, Utah 84180
Fax: [phone]
(tJ u.S. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
C'iC,) Facsimile
Richard Wolf
Illuminet, Inc.
4501 Intelco Loop SE
O. Box 2909
Olympia, Washington 98507
4'.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]
~ Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
()4 Facsimile
Conley Ward
Givens Pursley
277 North 6th Street, Suite 200
O. Box 2720
Boise, Idaho 83701
(..yO.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
()() Facsimile
fi~./2!D
Morgan . Richards
RESPONDENTS' MOTION FOR EXTENSION OF TIME
TO FILE RESPONDENT'S BRIEF AND MOTION TO
EXPEDITE DECISION THEREON - 6 BOLMT2:541954.