20050712Stipulation, joint motion to dismiss.pdf

Mary S. Hobson (ISB #2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
msho bson~stoe1. com
Adam L. Sherr (WSBA #25291)
Qwest Corporation
1600 ih Avenue - Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
adam.sherr~qwest.com
Attorneys for Qwest Corporation
Mary York, Esq. (ISB No. 5020)
HOLLAND & HART, LLP
Suite 1400, U.S. Bank Plaza
101 South Capitol Boulevard
Post Office Box 2527
Boise, Idaho 83701
Telephone: [phone]
Facsimile: [phone]
m yorkc?yhollandhart. com
T. Scott Thompson, Esq.
Brian M. Josef, Esq.
Rita Tewari, Esq.
Cole, Raywid & Braverman, LLP
1919 Pennsylvania Ave., N.
Second Floor
Washington, D.C. 20006
Telephone: [phone]
Meredith R. Harris, Esq.
AT &T Corp.
One AT&T Way
Bedminster, New Jersey 07921
[phone]
Attorneys for AT&T Corp. and AT&T
Communications of the Mountain States, Inc.
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12 PH 4: 35
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Robert M. Pomeroy, Esq. (CSB No. 7640)
HOLLAND & HART, LLP
8390 E. Crescent Parkway
Sui te 400
Greenwood Village, CO 80111-2800
Telephone: [phone]
Facsimile: [phone]
STIPULATION OF THE PARTIES and MOTION TO DISMISS COMPLAINT - Page 1
ECE1VED
------
,. ,n
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSIONtLU
AT&T Corp., a New York corporation, and CASE NO.: ATT-04Z~u5JUL
12 JDM I.t: 42
AT&T COMMUNICATIONS OF THE In riD PUBLiC
MOUNTAIN STATES, INC., a Colorado STIPULATION and J9~ffiJtM9tntJ\HtNJ\ON
corporation DISMISS COMPLAINT WITH
PREJUD ICE
L.:;.~
Comp lainants
vs.
QWEST CORPORATION, a Colorado
corporati on
Respondent.
AT&T Corp. and AT&T Communications of the Mountain States, Inc.
(hereinafter collectively referred to as "AT&T") and Qwest Corporation ("Qwest") file
this Stipulation with the Commission and jointly move the Commission to dismiss the
Complaint as provided in the parties' agreement as set out herein.
STIPULATION
On or about August 6, 2004, AT&T filed its Complaint alleging that
Qwest had overcharged AT&T for use of certain conduit facilities located in the state of
Idaho.
Qwest filed its answer on August 31 , 2004 alleging the amounts charged
by it to AT&T were controlled by contract.
Thereafter AT&T and Qwest exchanged discovery requests and responses.
The discovery process resulted in certain disputes, which were submitted to the
Commission and are still on file, but which will not require Commission resolution in
light of this Stipulation.
STIPULATION OF THE PARTIES and MOTION TO DISMISS COMPLAINT - Page 2
By letter dated February 9 2005 , the parties advised the Commission they
were engaged in settlement discussions and asked that the Commission hold the case in
abeyance while the parties explore whether they could reach resolution of all pending
issues. That request was renewed by letters dated February 18, March 4 March 18
April 1 , and April 14, 2005.
AT &T and Qwest agree this matter is an essentially private dispute that
has no significant implications for regulatory law or policy or for other utilities or
customers.
The settlement discussions between AT&T and Qwest have resulted in the
resolution of all of the pending issues in this case in a manner that is mutually acceptable
to the parties.
Based upon the foregoing, AT&T and Qwest hereby stipulate and agree that the
Complaint herein may be dismissed, with prejudice, and with each of the parties bearing
its own fees and costs.
MOTION TO DISMISS
Based on the above Stipulation, AT&T and Qwest, pursuant to Rule of Procedure
274, IDAP A 31.01.01.274, respectfully request that the Commission accept the
settlement of this private dispute and enter its order dismissing the Complaint as provided
in the above Stipulation.
STIPULATION OF THE PARTIES and MOTION TO DISMISS COMPLAINT - Page 3
. ed his 12th day of July, 2005.
Stoel Rives, LLC
T. Scott Thompson
Cole, Raywid & Braverman, LLP
Counsel for AT&T Corp and AT&T
Communications of the Mountain States, Inc.
Adam Sherr
Qwest
Counsel for Qwest Corporation
STIPULATION OF THE PARTIES and MOTION TO DISMISS COMPLAINT - Page 4
CERTIFICATE OF SERVICE
I hereby certify that on this 12th day of July, 2005 , I served the foregoing
STIPULATION OF THE PARTIES and MOTION TO DISMISS COMPLAINT
upon all parties of record in this matter as follows:
Jean D. Jewell
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83702
Telephone [phone]
Facsimile: [phone]
i i ewe1l~puc.state.id. us
Weldon Stutzman
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
Telephone [phone]
Facsimile: [phone]
wstutzm~puc.state.id. us
Meredith R. Harris
AT&T Corp.
One AT&T Way
Bedminster, NJ 07921
Telephone: [phone]
Robert M. Pomeroy
Holland & Hart LLP
8390 East Crescent Parkway - Suite 400
Greenwood Village, CO 80111-2800
Telephone: [phone]
Facsimile: [phone]
bpom ero y~ho llandhart. com
Attorney for AT&T Corp. AT&T Comm.
Hand Delivery
U. S. Mail
Overnight Delivery
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Email
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Email
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Email
STIPULATION OF THE PARTIES and MOTION TO DISMISS COMPLAINT - Page 5
T. Scott Thompson
Brian M. Josef
Rita Tewari
Cole, Raywid & Braverman
1919 Pennsylvania Avenue NW - 2nd Floor
Washington, DC 20006
Telephone: [phone]
Attorney for AT&T Corp. AT&T Comm.
MaryV. York
Holland & Hart LLP
101 South Capitol Boulevard - Suite 1400
O. Box 2527
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
m york~hollandhart. com
Attorney for AT&T Corp. AT&T Comm.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
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Email
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Brandi L. Gearhart, PLS
Legal Assistant to Mary S. Hobson
Stoel Rives LLP
STIPULATION OF THE PARTIES and MOTION TO DISMISS COMPLAINT - Page 6