Decision No. R02-1129-I

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO

DOCKET NO. 02F-484T

virtual pathways, LLC, and pamela R. storrs,
complainants,
v.
qwest corporation,
respondent.

interim order OF
ADMINISTRATIVE LAW JUDGE
mana l. jennings-fader
extending response time
to motion to dismiss

Mailed Date: October 8, 2002

I. STATEMENT

  1. On September 20, 2002, Respondent Qwest Corporation (Qwest) filed a Motion to Dismiss, Motion to Require Legal Counsel, and Motion for More Definite Statement in this complaint proceeding.
  2. In the Motion to Dismiss and the Motion to Require Legal Counsel, Qwest contends that Complainant Virtual Pathways, LLC (Virtual Pathways) must be represented by legal counsel under applicable law and that, absent legal counsel or a legally sufficient explanation as to why legal counsel is not required, Virtual Pathways must be dismissed as a complainant. In the Motion for More Definite Statement Qwest seeks an order requiring Complainants Virtual Pathways and Ms. Storrs (Complainants) to file a more definite statement because there is insufficient information provided in the complaint to allow Qwest to prepare its response to the complaint.
  3. Under Rule 4 Code of Colorado Regulations 723-1-22(b), Complainants’ response to the Qwest motion was due on or before October 4, 2002. A review of the Commission’s files indicates that Complainants have not filed a response.

D. Rule 22(b) allows the Commission to enlarge the time for filing a response to a motion. Because Complainants filed their complaint on a pro se basis, they are likely unaware of the above filing deadline.[1] Therefore, the response time to the Qwest motion will be extended to October 18, 2002. Complainants’ failure to file a response to the Motion to Dismiss, Motion to Require Legal Counsel, and Motion for More Definite Statement on or before that date may be deemed a confession of the same and may result in the dismissal of this proceeding.

II. ORDER

A.  It Is Ordered That:

  1. Response of Complainants Virtual Pathways, LLC, and Pamela R. Storrs to the Motion to Dismiss, Motion to Require Legal Counsel, and Motion for More Definite Statement filed in this matter by Qwest Corporation shall be filed on or before October 18, 2002.
  2. This Order shall be effective immediately.

THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
MANA L. JENNINGS-FADER
______

Administrative Law Judge

( S E A L )

ATTEST: A TRUE COPY

Bruce N. Smith
Director

G:\ORDER\484T.DOC

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[1] Complainants are advised to secure a copy of the Commission’s Rules of Practice and Procedure and to familiarize themselves with those rules.