Case Number: 12-0413

  • 07/02/2013
    Service - Record

    Certified Copy of Appeal Record forwarded to the Honorable Steven M. Ravid, Clerk, Appellate First Judicial District, Chicago, Illinois. (1-13-1716)
  • 06/07/2013
    Service - Appeal

    Copy of Notice of Appeal and Certified Orders mailed to the Office of General Counsel, Illinois Commerce Commission, Attn: Mary Stephenson-Schroeder. Letter only mailed to the Honorable Lisa Madigan, Attorney General, State of Illinois.
  • 06/07/2013
    Service - Court

    Copy of Notice of Appeal and Certified Orders mailed to the Honorable Steven M. Ravid, Clerk, Appellate Court First Judicial District, Chicago.
  • 06/04/2013
    Filing - Notice of Appeal

    Notice of Appeal, filed by K&L Gates LLP on behalf of Securus Technologies, Inc. from the Commission Order
    entered on April 9, 2013, and the Commission Decision entered on May 1, 2013. 1-13-1716 (Electronic)
  • 06/04/2013
    Filing - Petition for Review

    Petition for Review, filed by K&L Gates LLP on behalf of Securus Technologies, Inc. (Electronic)
  • 05/07/2013
    Filing - Petition for Reconsideration

    Securus Technologies, Inc.'s Verified Motion for Reconsideration, filed by K&L Gates LLP. (Electronic)
  • 05/02/2013
    Service - Commission Action

    Notice of Commission Action served electronically to parties advising of the action of the Commission on May 1, 2013.
  • 05/01/2013
    Commission Action - General

    The Commission in conference DENIED Securus Technologies, Inc.'s Verified Petition for Rehearing, filed on April 24, 2013.
  • 04/24/2013
    Filing - Petition for Rehearing

    Securus Technologies, Inc.'s Verified Petition for Rehearing, filed by K&L Gates LLP. (Electronic)
  • 04/18/2013
    Service - Commission Action

    Notice of Commission Action served electronically to parties advising of the action of the Commission on April 17, 2013.
  • 04/17/2013
    Commission Action - General

    The Commission in conference DENIED Securus Technologies, Inc.'s Emergency Motion for a Stay of Enforcement of the Commission's Order, filed on April 9, 2013.
  • 04/16/2013
    Filing - Response

    Consolidated Communications Enterprise Services, Inc.'s Response to Securus Technologies Inc.'s Emergency Motion for a Stay of Enforcement of the Commission's Order, filed by Schiff Hardin LLP. (Electronic)
  • 04/10/2013
    Service - Order

    Copy of Final Order served electronically to parties.
  • 04/09/2013
    Filing - Motion

    Securus Technologies, Inc.'s Emergency Motion for a Stay of Enforcement of the Commission's Order, filed by K&L Gates LLP. (Electronic)
  • 04/09/2013
    Order Entered - Final

    Final Order entered.
  • 04/08/2013
    Filing - Motion

    Securus Technologies, Inc.'s Verified Motion to Dismiss as Moot, filed by K&L Gates LLP. (Electronic)
  • 04/02/2013
    Filing - Reply

    Securus Technologies, Inc.'s Reply in Support of its Motion for Leave to File Reply to Administrative Law Judge's Incorrect Explanation for Ruling, filed by K&L Gates LLP. (Electronic)
  • 03/28/2013
    Filing - Response

    Consolidated Communications Enterprise Services, Inc.’s Response to “Securus Technologies, Inc.’s Verified Motion for Leave to File Reply to Administrative Law Judge’s Incorrect Explanation for Ruling”, filed by Schiff Hardin LLP. (Electronic)
  • 03/19/2013
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that all parties shall serve the service list by electronic means, consistent with the agreements of all parties to accept electronic service. This includes Securus Technologies, Inc.’s Verified Motion for Leave to File Reply to Administrative Law Judge’s Incorrect Explanation for Ruling, and the Reply, which was received by Unites States mail, on March 18, 2013 at the Commission Offices in Springfield, Illinois.
    Notice is also given that all pleadings shall be served upon the Administrative Law Judge in Word version as well as the PDF version filed with the Clerk of the Commission. Parties advised electronically.
  • 03/18/2013
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that any responses to Securus Technologies, Inc.’s Verified Motion for Leave to File Reply to Administrative Law Judge’s Incorrect Explanation for Ruling, and the Reply itself, filed on March 18, 2013, shall be filed by March 28, 2013. Any replies thereto shall be filed by 12:00 P.M. on April 2, 2013. Notice served electronically to parties.
  • 03/18/2013
    Filing - Motion

    Securus Technologies, Inc.'s Verified Motion for Leave to File Reply to Administrative Law Judge's Incorrect Explanation for Ruling, filed by K&L Gates LLP on behalf of Securus Technologies, Inc. (mailed by Federal Express - March 15, 2013)
  • 02/08/2013
    Filing - Reply

    Securus Technologies, Inc.'s Reply in Support of Motion for Ruling on its Request for Hearing, filed by K&L Gates LLP. (Electronic)
  • 02/01/2013
    Filing - Response

    Consolidated Communications Enterprise Services, Inc.'s Verified Response to Securus Technologies, Inc.'s Motion for Ruling on its Request for Hearing, filed by Schiff Hardin LLP. (Electronic)
  • 01/31/2013
    Filing - Motion

    Securus Technologies, Inc.'s Verified Motion for Ruling on its Request for Hearing, filed by K&L Gates LLP. (Electronic)
  • 01/29/2013
    Commission Action - General

    The Commission in conference DENIED Securus Technologies, Inc.'s Verified Petition for Interlocutory Review, filed on January 18, 2013.
  • 01/29/2013
    Service - Commission Action

    Notice of Commission Action served electronically to parties advising of the action of the Commission on January 29, 2013.
  • 01/16/2013
    Filing - Response

    Staff’s Response to Securus’ Second Petition for Interlocutory Review and Offer of Proof, filed. (Electronic)
  • 01/14/2013
    Filing - Response

    Consolidated Communications Enterprise Services, Inc.'s Response in Opposition to Securus Technologies, Inc.'s Second Petition for Interlocutory Review, filed by Schiff Hardin LLP. (Electronic)
  • 01/10/2013
    Service - Commission Action

    Notice of Commission Action served electronically to parties advising of the action of the Commission on January 9, 2013.
  • 01/09/2013
    Commission Action - General

    The Commission in conference DENIED the Request for Oral Argument filed by Securus Technologies, Inc.
  • 01/08/2013
    Filing - Petition for Interlocutory Review

    Securus Technologies, Inc.'s Verified Petition for Interlocutory Review, filed by Freeborn & Peters LLP. (Hand Delivered)
  • 12/21/2012
    Briefs - Reply to Exceptions

    Consolidated Communications Enterprise Services, Inc.'s Brief in Reply to Exceptions to the Administrative Law Judge's Proposed Order, filed by Schiff Hardin LLP. (Electronic)
  • 12/21/2012
    Briefs - Reply to Exceptions

    Reply Brief on Exceptions of the Staff of the Illinois Commerce Commission, filed. (Electronic)
  • 12/20/2012
    Briefs - On Exceptions

    Securus Technologies, Inc.'s Verified Brief on Exceptions to Proposed Order (REVISED-Filed over objection pursuant to ALJ's Ruling dated 12/18/12), filed by K&L Gates LLP. (Electronic)
  • 12/20/2012
    Service - Commission Action

    Notice of Commission Action served electronically to parties advising of the action of the Commission on December 19, 2012.
  • 12/19/2012
    Commission Action - General

    The Commission in conference DENIED Securus Technologies, Inc.'s Verified Petition for Interlocutory Review filed on November 26, 2012.
  • 12/18/2012
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that on November 20, 2012, the Staff of the Illinois Commerce Commission ("Staff") filed a Motion to Strike Portions of the Securus Technologies, Inc. ("Securus") Brief on Exceptions ("BOE") filed on November 16, 2012. Staff's Motion to Strike alleges that Securus' BOE included pages of new, unsupported, untested facts and conclusions. A ruling was issued, setting a schedule for responses and replies and directing Securus to address all facts not supported by citations to the record. Consolidated Communications Enterprise Services, Inc. d/b/a Consolidated Communications Public Services ("Consolidated") filed a response supporting Staff's Motion to Strike and identifying additional portions of Securus' BOE which it states should be stricken for the same reasons stated in Staff's motion. Securus filed a response to Staff and Consolidated. Securus' Response to the Motion to Strike argues that Securus is not barred from and that it is entitled to respond to what it describes as unsubstantiated and erroneous factual conclusions included in Staff's August 30, 2012, Response to the Petition. Additionally, Securus argues that the facts included in its BOE that are at issue are encompassed in the record and/or are subject to administrative notice.
    Securus' argument, that it is not barred from and is entitled to respond to Staff's response, ignores the procedural status of the docket. Securus failed to, in a timely manner, file a motion or seek other relief in regards to Staff's response, which Securus now claims contains unsubstantiated and erroneous factual conclusions. Rather than filing a timely motion or seeking other timely relief to address Staff's Response to the Petition, Securus waited until after the proposed order was issued and then attempted to improperly supplement the record and rely on material not in the record in its BOE.
    Securus' contention that the Invitation for Bids ("IFB") is in the record is incorrect. Securus argues that because Consolidated summarized portions of the IFB in the Petition, the IFB is in the record. Although some portions of the IFB are in the record, Securus did not base its argument upon the summaries contained within the Petition. Rather, Securus attached the entire IFB to its BOE and quoted from it at length. Attaching material not in the record to its BOE and attempting to rely on material not in the record is improper. Securus' argument that the facts and documents it includes in its BOE should not be stricken because they are subject to administrative notice also fails. Section 200.640(a)(7) of the Rules of Practice (83 Ill. Adm. Code 200.10 et seq.) provides for administrative notice of a variety of matters. However, as mandated by the Administrative Procedure Act (5 ILCS 100-10-40), in contested cases parties and Staff must be notified of the materials for which administrative notice is sought and must be provided a reasonable opportunity to contest the materials. Securus did not request administrative notice of the information or documents that it now argues are subject to administrative notice. To the extent Securus' argument in response to the Motion to Strike could be construed as a request for administrative notice, the request is untimely. Facts included in briefs on exceptions must be supported by citations to the record. By failing to take any action until after the proposed order was issued, Securus waived any opportunity to provide additional facts to the record. In summary, Securus' BOE improperly included and relied upon facts and conclusions that are not in the record. For the foregoing reasons, the portions of Securus' BOE identified in Staff's Motion to Strike and in Consolidated's response are stricken. On or before December 20, 2012, Securus shall file a revised BOE and Exceptions removing the following language and all reliance upon it: „h The third sentence in footnote 1 on page 2, "Substantial factual¡K below."; „h Lines 2 through 7 on page 5, beginning with the sentence that starts ¡§This fact is reflected ¡K.¡¨ and ends with ¡§¡K system." (Id. at 3 ¡± 2.2.)¡¨; „h Footnote 8 on page 9; „h Footnote 10 on page 15, except for the first sentence of the footnote, ¡§In Securus' experience ¡K" through "¡K in this respect."; „h The second full sentence on page 15 and first clause of next sentence, ¡§First, this argument ¡K" through "¡K As such,¡¨; „h From page 15 through page 21, beginning with "Second, and perhaps ¡K" through "¡K should not be sustained." Notice served electronically to parties.
  • 12/12/2012
    Filing - Reply

    Staff’s Reply to Securus’ Response to it’s Motion to Strike Portions of the Securus BOE, filed. (Electronic)
  • 12/06/2012
    Filing - Response

    Securus Technologies, Inc.'s Response to Staff's Motion to Strike and Consolidated's Response Thereto, filed by K&L Gates LLP. (Electronic)
  • 12/03/2012
    Filing - Response

    Consolidated Communications Enterprise Services, Inc.'s Verified Response in Opposition to Securus' Technologies, Inc.'s Petition for Interlocutory Review and Offer of Proof, filed by Schiff Hardin LLP. (Electronic)
  • 12/03/2012
    Filing - Response

    Response of the Staff of the Illinois Commerce Commission to Securus Technologies’ Verified Petition for Interlocutory Review and Offer of Proof, filed. (Electronic)
  • 11/30/2012
    Filing - Response

    Consolidated Communications Enterprise Services, Inc.'s Response to Staff Motion to Strike Portions of the Securus BOE filed by Schiff Hardin LLP. (electronic)
  • 11/26/2012
    Filing - Opposition

    Securus Technologies, Inc.'s Opposition to Consolidated Communications Enterprise Service, Inc.'s Request to Shorten Briefing Schedule on Motion to Strike, filed by K & L Gates LLP. (Electronic)
  • 11/26/2012
    Filing - Petition for Interlocutory Review

    Securus Technologies, Inc.'s Verified Petition for Interlocutory Review and Offer of Proof, filed by Freeborn & Peters LLP. (Hand Delivered)
  • 11/26/2012
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that the revision to the briefing schedule requested in Consolidated Communications Enterprises Services, Inc.’s Response to Administrative Law Judge Ruling Dated November 21, 2012 is denied. The deadlines for filing pleadings remain as set forth in the November 21, 2012 ruling: Consolidated’s Response by November 30, 2012; Securus’ Response by December 6, 2012; Staff’s Reply by December 12, 2012; and Reply Briefs on Exception by December 21, 2012. The Administrative Law Judge notes that parties may file pleadings in advance of the deadlines set forth in the November 21, 2012, ruling. However, to the extent Reply Briefs on Exception are filed prior to a ruling on the Motion to Strike, portions thereof responding to the matters to which Staff objects in its Motion to Strike or other matters not supported by citation to the record shall be clearly identified. Notice served electronically to parties.
  • 11/21/2012
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that responses and replies to the Staff Motion to Strike Portions of the Securus BOE filed on November 20, 2012 shall be filed as follows:
    Consolidated’s Response – due by November 30, 2012;
    Securus’ Response – due by December 6, 2012; and
    Staff’s Reply – due by December 12, 2012. Notice also given by the Administrative Law Judge that, to the extent the Securus BOE contains any facts in addition to those identified in Staff’s Motion to Strike not supported by citation to the record, Securus’ Response shall also address those facts by providing either citation to the record or argument as to why they should not be stricken. Notice further given that in light of the pending Motion, the date for filing Reply Briefs on Exception is extended to December 21, 2012. Notice served electronically to parties.
  • 11/21/2012
    Filing - Response

    Consolidated Communications Enterprise Services, Inc.'s Response to Notice of Administrative Law Judge's Ruling Dated November 21, 2012, filed by Schiff Hardin LLP. (Electronic)
  • 11/20/2012
    Filing - Motion

    Staff's Motion to Strike Portions of the Securus BOE, filed. (Electronic)
  • 11/16/2012
    Briefs - On Exceptions

    Consolidated Communications Enterprise Service. Inc.'s Brief on Exceptions to the Administrative Law Judge's Proposed Order, filed by Schiff Hardin LLP. (Electronic)
  • 11/16/2012
    Briefs - On Exceptions

    Securus Technologies, Inc.'s Verified Brief on Exceptions to Proposed Order, filed by K&L Gates, LLP. (Electronic)
  • 11/13/2012
    Service - Administrative Law Judge Ruling

    Notice given of the attached Administrative Law Judge's Ruling. Parties advised electronically.
  • 11/07/2012
    Filing - Reply

    Securus Technologies, Inc.'s Verified Reply in Support of Motion to Set Discovery Schedule and Continue Deadlines for Briefing on Exceptions, filed by K&L Gates LLP. (Electronic)
  • 11/02/2012
    Filing - Response

    Verified Response and Objections of Consolidated Communications Enterprise Services, Inc. to Securus Technologies, Inc.’s Motion to Set Discovery Schedule and Continue Deadline for Briefing on Objections, filed by Schiff Hardin LLP. (Electronic)
  • 11/01/2012
    Filing - Response

    Response of the Staff of the Illinois Commerce Commission to Securus Technologies’ Verified Motion to Set Discovery Schedule and Continue Deadlines for Briefing on Exceptions, filed. (Electronic)
  • 10/29/2012
    Service - Administrative Law Judge Ruling

    Notice given by the Administrative Law Judge that any responses to Securus Technologies, Inc.’s Verified Motion to Set Discovery Schedule and Continue Deadlines for Briefing on Exceptions shall be filed by November 2, 2012. Any replies thereto shall be filed by November 7, 2012. Notice is also given that in light of the pending Motion, the dates for filing Briefs on Exceptions and Reply Briefs on Exception are extended to November 16, 2012 and November 28, 2012, respectively. In the event the Motion to Set Discovery Schedule is granted, the dates for Briefs on Exceptions and Reply Briefs on Exceptions will be revisited. Notice served electronically to parties.
  • 10/26/2012
    Filing - Motion

    Securus Technologies, Inc.'s Verified Motion to Set Discovery Schedule and Continue Deadlines for Briefing on Exceptions, filed by K&L Gates LLP. (Electronic)
  • 10/23/2012
    Service - Proposed Order

    Proposed Order served electronically to parties.
  • 09/14/2012
    Service - Administrative Law Judge Ruling

    Notice is hereby given by the Administrative Law Judge that the Verified Petition to Intervene of Securus Technologies, Inc., filed on August 30, 2012 has been granted. Parties advised electronically.
  • 09/07/2012
    Filing - Memorandum

    Verified Reply Memorandum of Consolidated Communications Enterprise Services, Inc., filed by Schiff Hardin LLP. (Electronic)
  • 08/31/2012
    Filing - Response

    Response of the Staff of the Illinois Commerce Commission to the Verified Petition for Declaratory Ruling, filed. (Electronic)
  • 08/30/2012
    Filing - Petition to Intervene

    Verified Petition to Intervene of Securus Technologies, Inc., filed by Freeborn & Peters LLP. (Hand Delivered)
  • 08/14/2012
    Transcript - Received

    Transcript - July 31, 2012, received.
  • 07/31/2012
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Von Qualen and continued generally.
  • 07/31/2012
    Hearing Report - Administrative Law Judge Ruling

    Granted the Petitioner's July 18, 2012 Motion to File Amended Caption to Verified Petition for Declaratory Ruling following motions/petitions
    Set the following briefing schedule:
    Intervenor Response to be filed by 8/22/12
    Staff Response to be filed by 8/29/12
    Petitioner's Reply by 9/12/12
  • 07/31/2012
    Transcript - Pending

    Transcript pending.
  • 07/18/2012
    Filing - Motion

    Motion to File Amended Caption to Verified Petition for Declaratory Ruling, filed by Schiff Hardin LLP on behalf of Consolidated Communications Enterprise Services, Inc. d/b/a Consolidated Communications Public Services and d/b/a Consolidated Communications Network Services. (Electronic)
  • 07/18/2012
    Service - Setting/Prehearing Conference

    Set for Prehearing Conference by the Administrative Law Judge on july 31, 2012, in Springfield at 9:30 A.M. Notice served electronically to parties.
  • 07/03/2012
    Filing - Petition/Application

    Petition, filed by Schiff Hardin LLP on behalf of Consolidated Communications Enterprise Services, Inc. d/b/a Consolidated Communications Pubic Services. (Electronic)