II. Background

On April 27, 2000, the Utility Consumer Action Network (UCAN) filed Case (C.) 00-04-038 against Tel West Communications, LLC (Tel West). Notice of C.00-04-038 appeared in the Daily Calendar on May 1, 2000. Tel West filed its answer to the complaint on June 26, 2000.

A prehearing conference (PHC) was held on September 15, 2000. At the PHC, UCAN and Tel West indicated a desire to settle all issues, and asked assigned Administrative Law Judge (ALJ) Kenney to suspend the proceeding pending settlement negotiations. The assigned ALJ granted the parties' request.

On September 19, 2000, UCAN notified the assigned ALJ by e-mail that the parties had met and resolved all outstanding issues, and would likely submit a settlement agreement by the end of the month. UCAN also stated that there was no need to schedule hearings.

When no settlement was submitted, the assigned ALJ sent an e-mail to UCAN on November 6, 2000, asking for a status report. UCAN responded by e-mail the same day, stating that the parties were in the process of finalizing the settlement, and that the settlement would likely be submitted within two weeks.

Once again, no settlement was submitted. On February 22, 2001, the assigned ALJ issued a ruling that set a deadline of February 28, 2001, for the parties to file either (1) a settlement agreement, or (2) a motion for an extension of the 12-month deadline for concluding complaint proceedings. The ruling also notified the parties that a failure to timely file a settlement or motion might be viewed as good cause to dismiss the complaint without prejudice. No settlement or motion was filed.