Decision No. R02-64-I
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 01B-493T
ruby ranch INTERNET COOPERATIVE ASSOCIATION,
petitioner,
v.
qwest corporation,
respondent.
interim order of
administrative law judge
ken f. kirkpatrick
granting motion to
compel in part
Mailed Date: January 18, 2002
i. statement
A. On January 15, 2002, Ruby Ranch Internet Cooperative Association (“Ruby Ranch”) filed its Second Motion to Compel. By this motion Ruby Ranch seeks an order of the Commission requiring Qwest Corporation (“Qwest”) to respond immediately to certain discovery requests that were served on Qwest December 12, 2001. On January 16, 2002, Qwest filed its Response to the Motion. For the reasons set forth below the motion should be granted in part.
B. Concerning Requests for Admissions 4, 5, and 6; Interrogatories 8 through 12; and Document Requests 2 and 3, Qwest has agreed to provide the materials as soon as Ruby Ranch provides a non-disclosure agreement. The Motion to Compel is granted as to these discovery requests.
C. Concerning Request for Admission 25 and Interrogatory 1, and Document Requests 4 and 5, Ruby Ranch has not attached the discovery materials to its Motion to Compel. Rule 77(b)(6) of the Rules of Practice and Procedure provides as follows:
Discovery material shall be filed in connection with discovery motions, when pertinent and material to the proceeding, and when used in a hearing.
Ruby Ranch has not provided either the discovery served upon Qwest or Qwest’s responses. Rather, Ruby Ranch has attempted to summarize in somewhat cryptic form both the discovery request and the responses. Qwest has taken the same approach. The problem is that the actual questions and responses are not before the Administrative Law Judge. For example, it is unclear precisely what Request for Admission 25 was and precisely what the response was. As another example, the definitions from Ruby Ranch’s discovery are not included. Therefore the Motion to Compel is denied as to Request for Admission 25, Interrogatory 1, and Document Requests 4 and 5.
II. order
A.
It Is Ordered That:
1. Qwest Corporation shall supply responses to Requests for Admissions 4 through 6, Interrogatories 8 through 12, and Discovery Requests 2 and 3 within 24 hours of receiving an appropriate non-disclosure agreement from Ruby Ranch Internet Cooperative Association.
2. The Motion to Compel as to Request for Admission 25, Interrogatory 1, and Document Requests 4 and 5 is denied.
3. This Order shall be effective immediately.
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THE PUBLIC UTILITIES COMMISSION Administrative Law Judge |
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ATTEST: A TRUE COPY
Bruce N. Smith |
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