Administrative Law Judge Kelly Rosenberg of the Colorado Public Utilities Commission set a one-day virtual evidentiary hearing for Aug. 28 from 9 a.m. to 5 p.m. in proceeding number 25F-0178CP, Roman Lisonbee v. Rocky Mountain Event Shuttles. The hearing date was announced at a prehearing conference in which the parties disputed whether the complaint states an injury and discussed discovery needs.

Rosenberg said she would issue a written order that finalizes the hearing date and provides details on exhibits, witnesses and remote participation. "I will take this matter under advisement. I will issue a written decision that will finalize the date of the hearing and its length, and it will include information about exhibits and witnesses and participating in a remote hearing," Rosenberg said.

The decision follows the commission's earlier order identified in the record as R25-0491-I, which set the prehearing conference; counsel for respondent had filed a motion to dismiss that the transcript indicates was denied. During the conference, respondent counsel said they were uncertain what injury the complainant alleged and indicated they may need discovery to prepare a defense. "We have not received any sort of settlement demand, and, we're uninclined to make any settlement offer due to the merits of the matter," counsel for Rocky Mountain Event Shuttles said. The complainant, Roman Lisonbee, said settlement was unlikely and described himself as acting on behalf of the public, saying, "I represent general public."

Counsel for respondent pressed that the complaint was vague and that additional discovery or clarification may be necessary before proceeding to hearing. The respondent asked the commission to allow time for discovery and warned against being presented with evidence at the last minute; counsel said they were fully booked in September and that scheduling required coordination. Lisonbee said he was generally available in September but also agreed to an earlier date in August; the ALJ selected Aug. 28 to accommodate calendars and to avoid further delay.

Rosenberg directed the parties to attempt to resolve discovery issues informally and to notify the ALJ if informal efforts fail. One party asked for a roughly one-month period to complete discovery; the ALJ said she expected to issue the written scheduling decision in the next couple of weeks but warned that vacations could delay issuance. The ALJ also confirmed the hearing will be virtual, will run 9 a.m. to 5 p.m. with a lunch break, and that additional breaks would be provided as needed.

No settlement was reported at the conference. The transcript shows the respondent previously filed a motion to dismiss that was denied; the hearing will address factual and legal issues raised in the complaint and answer. The parties were instructed to exchange discovery and to raise any unresolved discovery disputes with the ALJ prior to the hearing.

Background: The formal caption for the matter in the record is "Proceeding No. 25F-0178CP, Roman Lisonbee v. Rocky Mountain Event Shuttles." The commission records and webcasts its legal proceedings and maintains a court reporter for the hearing record. The ALJ cautioned participants to avoid interrupting one another in the virtual setting and set a sequence for responses during the conference.