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Doc. Date Docketed Description Filed by Notes
06/07/2004 NOTICE-APPEAL (PSC) AA Aarp AARP BY: AA Michael B. Twomey 0002779 (O&1)
06/09/2004 MOTION-CONSOLIDATION AA Aarp AARP BY: AA Michael B. Twomey 0002779 W/SC04-9 AND SC04-10
06/28/2004 ORDER-CONSOLIDATION GR The motion to consolidate filed by AARP in Case No. SC04-946, and the joinders thereto filed in Case Nos. SC04-9 and SC04-10, by Charlie J. Crist, Jr., Attorney General, and Harold McClean, Public Counsel, are hereby granted and the above cases are consolidated for all appellate purposes. Charlie J. Crist, Jr., etc., Harold McClean, etc., and AARP are hereby aligned as appellants in these consolidated cases. All remaining parties to these proceedings are hereby aligned as appellees in these consolidated cases. Appellants may each file a separate initial brief which shall be served on or before September 7, 2004. Appellees shall then serve their answer briefs on the merits on or before thirty (30) days after service of the the initial briefs on the merits. Appellants may then each file a single reply brief on or before thirty (30) days after service of the answer briefs on the merits. Within fifty (50) days from the date of this order, the clerk of the lower tribunal shall prepare a single record on appeal for these consolidated proceedings, in accordance with Florida Rule of Appellate Procedure 9.200, and serve all parties with copies of an index of the record. The clerk of the lower tribunal shall then transmit the record on appeal to this Court within 130 days of the date of this order.
09/08/2004 INITIAL BRIEF-MERITS AA Aarp AARP BY: AA Michael B. Twomey 0002779 O&7 W/DISKETTE (NO TABLE OF CITATIONS)
09/08/2004 MOTION-RELINQUISH AA Aarp AARP BY: AA Michael B. Twomey 0002779 MOTION TO RELINQUISH JURISDICTION (O&7 W/DISKETTE AND ATTACHMENTS)
09/09/2004 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
09/09/2004 ORDER-SEALING (MISC) (SEE SC04-9) The motion of the Attorney General (AG) "For Determination Regarding Public Disclosure of Brief and Court Record," which seeks among other things that the briefs filed in this case be temporarily sealed is granted in part. The briefs filed by the AG and by the Office of Public Counsel (OPC) are hereby temporarily sealed pending further order of the court. A ruling on all other aspects of the motion filed by the AG and the motion of the OPC to "Maintain Confidentiality Pending Determination" of confidentiality is deferred but will be ruled upon on an expedited basis. The briefs filed by the Attorney General and the Office of Public Counsel are hereby stricken because the brief of the Attorney General fails to even designate which part of the brief contains allegedly confidential information and the brief of the OPC contains scattered highlighted references to allegedly confidential information while the substantial majority of the brief discloses no confidential information. The AG and OPC shall file amended briefs within five (5) days from the date of this order. Although the references to sealed evidence in the brief filed by OPC appear limited solely to monetary impact or the percentage of monetary impact, the amended briefs shall contain no reference to any evidence admitted under seal by the Public Service Commission (PSC). All references to any evidence admitted under seal by the PSC shall be contained in a separate appendix filed with the amended briefs. The brief may make reference to the appendix as necessary. When filed, the Clerk of Court shall keep the appendices under seal pending further order of the court. The respondents shall file their response, if any, to the motions of the AG and the OPC within 5 days from the date of this order.
09/09/2004 ORDER-APPENDIX STRICKEN (SEE SC04-9) Appellant Attorney General's appendix filed on September 8, 2004, is hereby stricken and sealed.
09/17/2004 ORDER-OTHER SUBSTANTIVE (SEE SC04-9) Counsel for all parties are directed to provide an electronic copy of all documents, including all attachments and all appendices, excluding those sealed by this Court's order, to this Court on a DOS formatted 3-1/2 inch diskette. All filings can be in either WordPerfect or Word format. Non-original documents can be scanned and provided in PDF.
09/22/2004 MOTION-OTHER SUBSTANTIVE Donna E. Blanton 948500 BY: Donna E. Blanton 948500 JOINT MOTION FOR CLARIFICATION CONCERNING DUE DATE FOR ANSWER BRIEFS (O&7 W/DISKETTE)
09/23/2004 RESPONSE Donna E. Blanton 948500 BY: Donna E. Blanton 948500 OF BELLSOUTH TELECOMMUNICATIONS, INC. AND BELLSOUTH LONG DISTANCE, INC. TO MOTION OF AARP TO RELINQUISH JURISDICTION (O&7 W/DISKETTE)
09/23/2004 RESPONSE Elizabeth Biemer Sanchez 0820581 BY: Elizabeth Biemer Sanchez 0820581 TO AARP'S MOTION TO RELINQUISH JURISDICTION (W/DISKETTE) REQ. COPIES
09/23/2004 NOTICE-ADOPTION George N. Meros 263321 BY: George N. Meros 263321 (O&7 W/DISKETTE) OF KNOLOGY OF FLORIDA, INC. - ADOPTS THE RESPONSE OF VERIZON FLORIDA, INC., SPRINT-FLORIDA, INC., BELLSOUTH TELECOMMUNICATION, INC., AT&T COMMUNICATIONS OF THE SOUTHERN STATES, LLC AND MCI WORLDCOM COMMUNICATIONS, INC.
09/23/2004 RESPONSE Floyd R. Self 608025 BY: Floyd R. Self 608025 OF AT&T OF THE SOUTHERN STATES LLC AND MCI WORLDCOM COMMUNICATIONS, INC. TO AARP MOTION TO RELINQUISH JURISDICTION (O&7 W/DISKETTE)
09/23/2004 RESPONSE John P Fons 0280836 BY: John P Fons 0280836 SPRINT'S RESPONSE IN OPPOSITION TO AARP'S MOTION TO RELINQUISH JURISDICTION (O&7 W/ 2 DISKETTES AND APPENDIX)
09/23/2004 ORDER-OTHER SUBSTANTIVE (SEE SC04-9) Upon consideration of the Joint Motion for Clarification Concerning Due Date for Answer Briefs, which was filed by appellees BellSouth Telecommunication, Inc. and BellSouth Long Distance, Inc.; Sprint-Florida, Inc. and Sprint Communications Company Limitied Partnership; Verizon Florida, Inc.; AT&T Communications of the Southern States, LLC; and MCI WORLDCOM Communications, Inc., the appellees' answer brief on the merits is due to be served thirty (30) days from the date of service of the latest filed appellant's initial amended brief on the merits.
09/27/2004 LETTER John P Fons 0280836 BY: John P Fons 0280836 RE: TRANSMITTAL OF CD-ROM
09/28/2004 NOTICE-SUPPLEMENTAL AUTHORITY AA Aarp AARP BY: AA Michael B. Twomey 0002779 ON AARP'S MOTION TO RELINQUISH JURISDICTION (O&7 W/DISKETTE AND APPENDIX): (STRICKEN, SEE 10/26/04 ORDER)
09/29/2004 INITIAL AMD BRIEF-MERITS AA Aarp AARP BY: AA Michael B. Twomey 0002779 O&7 W/DISKETTE
10/01/2004 NOTICE-SUPPLEMENTAL AUTHORITY AA Aarp AARP BY: AA Michael B. Twomey 0002779 TO MOTION TO RELINQUISH JURISDICTION W/ATTACHMENTS (O&7 W/DISKETTE): (STRICKEN, SEE 10/26/04 ORDER)
10/07/2004 MOTION-STRIKE Donna E. Blanton 948500 BY: Donna E. Blanton 948500 FILED AS: JOINT MOTION TO STRIKE AARP'S NOTICES OF SUPPLEMENTAL AUTHORITY (O&7 W/DISKETTE)
10/22/2004 RESPONSE AA Aarp AARP BY: AA Michael B. Twomey 0002779 TO JOINT MOTION TO STRIKE AARP'S NOTICES OF SUPPLEMENTAL AUTHORITY (O&7) W/DISKETTE
10/22/2004 NOTICE-SUPPLEMENTAL AUTHORITY AA Aarp AARP BY: AA Michael B. Twomey 0002779 TO MOTION TO RELINQUISH JURISDICTION (O&7 W/DISKETTE)
10/26/2004 ORDER-SUPP AUTHORITY STRICKEN AARP's Notices of Supplemental Authority which were filed with this Court on September 28, 2004 and October 1, 2004, do not comply with Florida Rule of Appellate Procedure 9.225 and are hereby stricken. Appellees' Joint Motion to Strike AARP's Notices of Supplemental Authority which was filed with this Court on October 7, 2004, is hereby denied as moot.
11/03/2004 ANSWER BRIEF-MERITS Donna E. Blanton 948500 BY: Donna E. Blanton 948500 (O&7 W/DISKETTE) JOINT ANSWER BRIEF OF BELLSOUTH TELECOMMUNICATIONS, INC., BELLSOUTH LONG DISTANCE, INC., SPRINT-FLORIDA, INC., SPRINT COMMUNICATIONS LIMITED PARTNERSHIP, AND VERIZON FLORIDA, INC.
11/03/2004 REQUEST-ORAL ARGUMENT Donna E. Blanton 948500 BY: Donna E. Blanton 948500 (O&7 W/DISKETTE) FILED AS: JOINT REQUEST FOR ORAL ARGUMENT BY BELLSOUTH TELECOMMUNICATIONS, INC., BELLSOUTH LONG DISTANCE, INC., SPRINT-FLORIDA, INC., SPRINT COMMUNICATIONS LIMITED PARTNERSHIP, AND VERIZON FLORIDA, INC.
11/03/2004 ANSWER BRIEF-MERITS AE Lila A. Jaber BY: AE Richard D. Melson 201243 O&7 W/E-MAIL
11/03/2004 REQUEST-ORAL ARGUMENT AE Lila A. Jaber BY: AE Richard D. Melson 201243 O&7 W/E-MAIL
11/03/2004 APPENDIX AE Lila A. Jaber BY: AE Richard D. Melson 201243 O&7 (SEALED)
11/03/2004 ANSWER BRIEF-MERITS Edward Gary Early 325147 BY: Edward Gary Early 325147 (O&9 W/E-MAIL) OF AT&T OF THE SOUTHERN STATES, LLC, KNOLOGY OF FLORIDA, INC., AND MCI WORLDCOM COMMUNICATIONS, INC.
11/03/2004 REQUEST-ORAL ARGUMENT Edward Gary Early 325147 BY: Edward Gary Early 325147 (O&9 W/E-MAIL) FILED AS: JOINT REQUEST FOR ORAL ARGUMENT OF AT&T OF THE SOUTHERN STATES LLC, KNOLOGY OF FLORIDA, INC., AND MCI WORLDCOM COMMUNICATIONS, INC.
11/04/2004 ORDER-SUPP AUTHORITY STRICKEN AARP's Notice of Supplemental Authorities to Motion to Relinquish Jurisdiction which was filed with this Court on October 22, 2004, does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken.
11/04/2004 MOTION-CONFIDENTIALITY AE Lila A. Jaber BY: AE Richard D. Melson 201243 (O&7 W/E-MAIL) FILED AS: MOTION TO MAINTAIN CONFIDENTIAL APPENDIX UNDER TEMPORARY SEAL
11/30/2004 ORDER-RELINQUISHMENT DY AARP's Motion to Relinquish Jurisdiction is hereby denied.
12/06/2004 ORDER-OTHER SUBSTANTIVE GR (SEE SC04-9) Florida Public Service Commission's Motion to Maintain Confidential Appendix Under Temporary Seal, is hereby granted.
12/06/2004 CERTIFICATE OF SERVICE AE Lila A. Jaber BY: AE Richard D. Melson 201243 (ON PSC'S CONFIDENTIAL APPENDIX TO ANSWER BRIEF)
12/06/2004 RECORD/TRANSCRIPT Blanca S. Bayo, Director BY: Blanca S. Bayo, Director 20 VOLUMES RECORD AND 11 WALLETS (4 BOXES); 4 WALLETS (CONFIDENTIAL - 1 BOX) W/ COVER LETTER AND MASTER INDEX (SHARED W/ SC04-9 AND SC04-10)
12/08/2004 REPLY BRIEF-MERITS AA Aarp AARP BY: AA Michael B. Twomey 0002779 O&6 W/DISKETTE: (REQ. NEW DISKETTE): E-MAIL FILED 12/09/2004
12/13/2004 Filing Fee $250 2004 - 1001138 Amount: $250
12/13/2004 Fee Paid in Full
12/25/2004 ORDER-OA SCHED
12/25/2004 ORAL ARGUMENT CALENDAR
12/29/2004 MOTION-COUNS SUBSTITUTION John P Fons 0280836 BY: John P Fons 0280836 (O&8) FILED AS: NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL (REQ AMD MOTION WITH CLIENT CONSENT): AMD MOTION FILED 12/30/2004 (O&8)
01/05/2005 ORDER-COUNS SUBSTITUTION GR (SEE SC04-9) Appellees, Sprint-Florida, Incorporated and Sprint Communications Limited Partnership's, Notice of Appearance and Substitution of Counsel, and amendment thereto, have been treated as a motion for substitution of counsel, and are hereby granted. J. Jeffry Wahlen of Ausley & McMullen is hereby substituted as counsel for Sprint-Florida, Incorporated and Sprint Communications Limited Partnership, and John P. Fons is hereby allowed to withdraw.
03/07/2005 LETTER-CANON NOTIFICATION RE: JUSTICE CANTERO - TO ALL COUNSEL OF RECORD
03/11/2005 ORAL ARGUMENT HELD
07/07/2005 DISP-AFFIRMED We conclude that the actions of the Commission are supported by competent, substantial evidence and are consistent with the provisions of section 364.164, Florida Statutes (2003), and we affirm the order of the Commission granting the petitions filed under section 364.164.
07/13/2005 WEST CORRESPONDENCE OPINION CORRECTED: page 4, line 5: "the connection and disconnection charges an ILEC must pay" has been corrected to read: "the connection and disconnection fees it charges." and page 5, after the heading "Proceedings to Date," line 5: "the ILECs' motions" has been corrected to read "the Attorney General's and the AARP's motions."
07/29/2005 RECORD/TRANSCRIPT RETURNED Blanca S. Bayo, Director BY: Blanca S. Bayo, Director 20 VOLUMES RECORD AND 11 WALLETS (4 BOXES); 4 WALLETS (CONFIDENTIAL - 1 BOX) W/ COVER LETTER AND MASTER INDEX (SHARED W/ SC04-10 AND SC04-946)