20041210Stipulation for dismissal of Tel Car Claim.pdf

Jim Jones (ISB #1136)
JIM JONES & ASSOCIATES
O. Box 7140
Boise, Idaho 83707
Telephone: [phone]
Attorney for Petitioners/Appellants
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
PETITION OF ROBERT RYDER, d/b/a
RADIO P AGn~G 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.
ROBERT RYDER, d/b/a RADIO
PAGING SERVICE, et aI.
Petitioners/Appellants
vs.
IDAHO PUBLIC UTILITIES
COMMISSION
Respondent on Appeal
and
QWEST CORPORATION
Respondent/Respondent on
Appeal.
Supreme Court Docket No. 29175
IPUC Docket No. T -99-
STIPULATION FOR SETTLEMENT
AND DISMISSAL OF TEL-CAR, INC.
CLAIM
STIPULATION FOR SETTLEMENT AND DISMISSAL OF TEL-CAR, INC. CLAIM -
IT IS HEREBY STIPULATED between Tel-Car, Inc., through its bankruptcy
trustee Richard Crawforth, and Qwest Corporation, both parties acting through their
respective counsel, as follows:
The parties have compromised and settled all outstanding disputes between
them, including Tel-Car s claims asserted in this proceeding, Tel-Car s claims asserted in
Idaho Supreme Court Docket No. 29175 and Tel-Car s claims asserted in United States
District Court Case No. CIV 03-473-MHW and the claims of both parties asserted in Tel-
Car s bankruptcy, Case No. 00-762 in the United States Bankruptcy Court for the District of
Idaho. Said claims are disputed and neither party admits liability by virtue of this stipulation.
Qwest shall pay a total of $65 000 in full and final settlement of all claims of
Tel-Car. Qwest shall receive a credit in the total sum of $20 000 in settlement of all claims
of Qwest against Tel-Car in the bankruptcy, including pre-petition and post-petition claims.
Upon approval of this compromise by the bankruptcy court, Qwest shall remit the net sum of
$45 000 to Richard Crawforth, Tel-Car s bankruptcy trustee.
This agreement is contingent upon approval by the Bankruptcy Court. The
bankruptcy trustee shall forthwith present the compromise to the Court for consideration and
approval.
Upon approval of this compromise by the Bankruptcy Court, the parties shall
file a stipulation with the Idaho Supreme Court to dismiss Tel-Car s appeal. The parties shall
similarly file a stipulation for dismissal with the Idaho Public Utilities Commission. It is
understood and agreed that said dismissal shall constitute a compromise, settlement and
discharge of any and all claims either party may have against the other, whether or not
asserted in court or administrative proceedings.
STIPULATION FOR SETTLEMENT AND DISMISSAL OF TEL-CAR, INC. CLAIM - 2
Subject to the Bankruptcy Court's approval of this Stipulation, the Trustee, for
himself and the Debtor and the Debtor s bankruptcy estate, and each of their respective
predecessors, successors and assigns, agrees to and hereby does release, waive, acquit and
forever discharge Qwest Corporation and its representatives, agents, employees, officers
attorneys, shareholders, directors, parent and subsidiary corporations, affiliates, assigns
successors and predecessors in interest, of and from any and all manner of action or actions
(including, without limitation, claims and causes of action under Subchapter III of Chapter
of the Bankruptcy Code), suits, claims, demands, debts, liens, obligations, losses, costs and
expenses (including attorneys' fees), damages , judgments, levies and executions of any kind
and nature character and description, whether known or unknown liquidated or
unliquidated, fixed or contingent, direct or indirect, that any of the Trustee, the Debtor, or the
Debtor s bankruptcy estate, and each of their respective predecessors, successors and assigns
ever had, has or ever can, shall or may have or claim to have against Qwest Corporation or
any of its representatives, agents, employees, officers, attorneys, shareholders, directors
parent and subsidiary corporations, affiliates, assigns, successors and predecessors in interest
for, upon or by reason of any manner, act or thing prior to the date of this Stipulation.
DATED this
r'"day of December, 2004.
uJJ2-
WILLIAM J. BATT, Attorney for
Qwest Corporation
STIPULATION FOR SETTLEMENT AND DISMISSAL OF TEL-CAR, INC. CLAIM - 3