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HomeMy WebLinkAbout20050509_1190.pdfDECISION MEMORANDUM TO:CO MMISSI 0 NER KJELLAND ER CO MMISSI 0 NER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:WELDON STUTZMAN DATE:MAY 5, 2005 SUBJECT:CASE NO. MTI-05- MOTION TO DISMISS McLEODUSA'COMPLAINT AGAINST QWEST CORPORATION On March 30, 2005 McLeodUSA Telecommunications Services, Inc. filed a Complaint for Enforcement of Interconnection Agreement and Motion for Emergency Relief against Qwest Corporation. After Qwest agreed to abide by a Temporary Restraining Order issued in similar litigation in Colorado, McLeod withdrew its request for emergency relief. April 20, 2005 Qwest filed both an answer and a Motion to Dismiss. Qwest's Motion to Dismiss was based on withdrawal of its previous demand for a security deposit, which demand was the basis for McLeod's Complaint. On May 4, 2005 , McLeod filed a response to Qwest's Motion, which it also titled Motion to Dismiss. McLeod's Motion simply states that it "now wishes to withdraw the Complaint without prejudice " apparently because the two Companies are close to reaching negotiated resolution of the security deposit issues underlying the Complaint. " Based on the two Motions to Dismiss filed by the parties, Staff recommends the Commission dismiss McLeod's Complaint and close the case. COMMISSION DECISION Should the Complaint of McLeodUSA v. Qwest be dismissed? Weldon Stutzman DECISION MEMORANDUM