2020033176-PI Unopposed Mtn for Vacatur.pdf

UNOPPOSED MOTION FOR VACATUR DUE TO MOOTNESS PURSUANT TO FED. R. CIV. P. 60(b), AND
REQUEST FOR INDICATIVE RULING PURSUANT TO FED. R. CIV. P. 62.1 - 1
A. Dean Bennett (ISB #7735)
Zachary S. Zollinger (ISB #9259)
HOLLAND & HART LLP
800 West Main Street, Suite 1750
Post Office Box 2527
Boise, Idaho 83701-2527
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
FRANKLIN ENERGY STORAGE ONE, LLC,
FRANKLIN ENERGY STORAGE TWO, LLC,
FRANKLIN ENERGY STORAGE THREE,
LLC, FRANKLIN ENERGY STORAGE
FOUR, LLC,

Plaintiffs,
v.

PAUL KJELLANDER, KRISTINE RAPER,
and ERIC ANDERSON, in their official
capacity as Commissioners of the IDAHO
PUBLIC UTILITIES COMMISSION,

Defendants.
and

IDAHO POWER COMPANY,

Defendant-Intervenor.

Case No. 1:18-cv-0236-REB

UNOPPOSED MOTION FOR
VACATUR DUE TO MOOTNESS
PURSUANT TO FED. R. CIV. P. 60(b),
AND REQUEST FOR INDICATIVE
RULING PURSUANT TO FED. R.
CIV. P. 62.1

Plaintiff Franklin Solar LLC (“Franklin Solar” or “Plaintiff”), by and through its counsel
of record, hereby moves this Court for an indicative ruling under Federal Rule of Civil Procedure
62.1 that it would grant Plaintiff’s vacatur motion under Federal Rule of Civil Procedure 60(b) if
the Ninth Circuit Court of Appeals remanded this case under Federal Rule of Appellate
Procedure 12.1. Defendants Paul Kjellander, Kristine Raper, and Eric Anderson in their official
Case 1:18-cv-00236-REB Document 76 Filed 03/31/20 Page 1 of 3

UNOPPOSED MOTION FOR VACATUR DUE TO MOOTNESS PURSUANT TO FED. R. CIV. P. 60(b), AND
REQUEST FOR INDICATIVE RULING PURSUANT TO FED. R. CIV. P. 62.1 - 2
capacities as Idaho Public Utility Commissioners (“the Commissioners”) and Defendant-
Intervenor Idaho Power Company (“Idaho Power”) do not oppose the relief sought in this
Motion. This unopposed motion is supported by the Declarations of Robert Parrett (“Parrett
Decl.”) and A. Dean Bennett (“Bennett Decl.”) and the records and documents previously filed
in this action.
DATED this 31st day of March, 2020.
HOLLAND & HART LLP

By /s/ A. Dean Bennett
A. Dean Bennett, of the Firm
Zachary S. Zollinger, for the Firm
Attorneys for Plaintiffs

Case 1:18-cv-00236-REB Document 76 Filed 03/31/20 Page 2 of 3

UNOPPOSED MOTION FOR VACATUR DUE TO MOOTNESS PURSUANT TO FED. R. CIV. P. 60(b), AND
REQUEST FOR INDICATIVE RULING PURSUANT TO FED. R. CIV. P. 62.1 - 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 31st day of March, 2020, I filed the foregoing
electronically through the CM/ECF system, which caused the following parties or counsel to be
served by electronic means, as more fully reflected on the Notice of Electronic Filing:
Brandon Karpen [e-mail]
Edward Jewell [e-mail]
Scott Zanzig [e-mail]
John P. Coyle [e-mail]
Steven B. Andersen [e-mail]
Christine R. Arnold [e-mail]
Donovan E. Walker [e-mail]

/s/ A. Dean Bennett
A. Dean Bennett for HOLLAND & HART LLP
14344897_v1
Case 1:18-cv-00236-REB Document 76 Filed 03/31/20 Page 3 of 3