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Judge schedules virtual evidentiary hearing, directs procedural order in Smelly v. Public Service Company of Colorado
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Summary
An administrative law judge set a virtual evidentiary hearing in the consumer complaint by James Smelly against Public Service Company of Colorado, granted an unopposed pro hac motion, and said she will issue a written procedural order with dates, witness and exhibit instructions and a dispositive-motions deadline.
Administrative Law Judge Kelly Rosenberg said she will issue a written procedural order setting an evidentiary hearing in the consumer complaint James Smelly brought against Public Service Company of Colorado and confirmed she will grant the company's unopposed pro hac motion.
"We're here today pursuant to decision number R26Dash0143DashI," Rosenberg said at the start of the virtual prehearing conference, and later told the parties she would "put this in a written order" that finalizes the hearing logistics. Rosenberg told the parties she generally schedules complex evidentiary hearings for one day but will accommodate the parties' request to block more time if necessary.
The parties tentatively discussed May 19 or May 20 as possible hearing dates and agreed to reserve May 20 and to block the day as needed; the judge said she will provide a written procedural order that confirms the final date and provides information about witnesses, exhibits, and exchange of information. Rosenberg also said she will include a deadline for dispositive motions in that order after respondent counsel requested one.
The judge granted the pro hac motion that counsel characterized as unopposed and said she will issue a written ruling to that effect. Rosenberg reminded the parties that, unless otherwise specified, the complainant bears the burden of proof and that commission staff is not prosecuting the case.
On discovery practice, Rosenberg emphasized that discovery-related motions should demonstrate prior good-faith efforts to resolve disputes before filing. "If a party needs to file any sort of discovery-related motion, I will need it to detail the efforts the filing party took that illustrates acting in good faith in an attempt to work it out prior to filing the motion," she said.
The judge took the matter under advisement and adjourned the prehearing. A written procedural order will follow, confirming the hearing date and other deadlines.
The commission proceeding number cited on the record is 26FDash0050EG.
