V. Pub. Util. Code § 311(g)
The draft decision of ALJ Kenney was mailed to the parties in accordance with § 311(g) and Rule 77.7. Comments on the proposed decision were filed on ________ by __________. Reply comments were filed on __________ by _________. These comments have been reflected, as appropriate, in the final decision adopted by the Commission.
1. At the PHC held on September 15, 2000, UCAN and Tel West indicated a desire to settle all issues. At the parties' request, the proceeding was suspended to provide an opportunity for the parties to reach a settlement.
2. 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.
3. On November 6, 2000, 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.
4. On February 22, 2001, the assigned ALJ issued a ruling that set a deadline of February 28, 2001, for the parties to file either (i) a settlement agreement, or (ii) 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 may be viewed as good cause to dismiss the complaint without prejudice. No settlement or motion was filed.
1. A hearing is not required.
2. Case 00-04-038 should be dismissed, without prejudice, for lack of prosecution.
3. The following order should be effective immediately in order to close this proceeding before the expiration of the 12-month statutory deadline for concluding adjudicatory proceedings.
IT IS ORDERED that:
1. Case 00-04-038 is dismissed without prejudice.
2. Case 00-04-038 is closed.
This order is effective today.
Dated , at San Francisco, California.
