Ms. Sandra Squire, Executive Secretary West Virginia Public Service Commission Post Office Box 812 Charleston, West Virginia 25323

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1 HOMER W. HANNA, JR ( ) SAMUEL F. HANNA, Managing Attorney W State Bar Number: 1580 HANNA LAW OFFICE 3508 NOYES AVENUE POST OFFICE BOX CHARLESTON, WEST VIRGINIA TELEPHONE: FAX: Hannalawoffice@aol.com October 21,2009 MARGARET J. WILLIAMS, PARALEGAL Ms. Sandra Squire, Executive Secretary West Virginia Public Service Commission Post Office Box 812 Charleston, West Virginia Re: CASE NO MC-C dba L & J TAXI CAB COMPANY Clarksburg, Harrison County Application for a certificate to provide taxi service in Harrison County. Dear Ms. Squire: As you know, this firm represents Royal Cab Company, LLC regarding the above referenced matter. As such, enclosed please find the original and twelve (12) copies of Royal Cab Company, LLC's Motion To Dismiss, a copy of which was served upon all parties this day. Should have any questions, please do not hesitate to contact me. SFWkak Samuel F. Hanna Enclosures cc: John Edwin Sirrine, 111, dba L & J Taxi Cab Company James D. Kaufelt, Esq. Royal Cab Company

2 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO MC-C dba L & J TAXI CAB COMPANY Clarksburg, Harrison County Application for a certificate to provide taxi service in Harrison County. MOTION TO DISMISS Now comes Royal Cab Company, LLC, (Royal), by counsel, Samuel F. Hanna, and hereby moves to dismiss the application for a certificate to provide taxi service in Harrison County filed by John Edwin Sirrine, 111, dba L & J Taxi Cab (L & J) and as the basis for said Motion To Dismiss states as follows: 1. That on September 9,2009, Royal served a copy of Royal Cab Company, LLC s First Set of Interrogatories and Request For Production of Documents to John Edwin Sirrine, 111, dba L & J Taxi Cab. L & J failed to file answers to these discovery requests. 2. That on October 8,2009, Royal filed a Motion to Compel L & J to file answers to its First Set of Interrogatories and Request For Production of Documents. 3. That on October 13,2009, Robert W. Glass, Administrative Law Judge for the Commission, issued an Order To Compel compelling L & J to file answers to said interrogatories on or before October 19,2009 and Failure to Drovide full and complete

3 answers to said interropatories on or before October , mav result in dismissal of the application. (Emphasis added). 4. That on October 19, 2009, L & J filed answers to the aforementioned discovery. 5. That the undersigned counsel never received said answers from the Applicant; however, they were ed to him by the Commission on October 19, That the answers of L & J are not full and complete answers as they are not responsive to any specific request. (See attached). For example, the answers do not specifically name any witnesses nor give testimony of such witnesses. (See Interrogatory Answers Nos. 1,2,4 and 8). Without this information, Royal cannot prepare a defense in this case and to allow the hearing to take place without this information would amount to trial by ambush. WHEREFORE, Royal Cab Company, LLC prays that the application for a certificate to provide taxi service in Harrison County filed by John Edwin Sirrine, 111, dba L & J Taxi Cab be dismissed based upon the above, and for such further relief as this Commission deems fit and proper. Respectfully submitted, ROYAL CAB COMPANY, LLC By Counsel Samuel F. Hanna, Esquire WV State Bar No HANNA LAW OFFICE P.O. Box Charleston, WV (304)

4 J PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO. OS-1982-MC-C dba L& JTAXI CAB Application For Certificate. ROYAL CAB COMPANY, LLC'S FIRST SET OF INTERROGATORIES AND!?I i.. ; REQUEST FOR PRODUCTION OF DOCUMENTS TO dba L & J TAXI CAB."I., -,,- I > 'i -".. 0 I,:'! -.:!;: ;,J'(,..."l -,;.,.-;.:......i -.,:.,., I -.,_. m '...i <:> ;.I cl3 3 Now comes Royal Cab Company, LLC (Royal), by counsel, Samuel F. Hanna, and hereby submits Royal Cab Company, LLC's First Set of Interrogatories and Request For Production of Documents to John Edwin Sirrine, 111, dba L & J Taxi Cab. INTERROGATORY NO. 1: Please provide a list, addresses and places of INTERROGATORY NO. 2: Please provide a summary of the testimony of each witness that you intend to have testify at the hearing in this matter. *TIb ftjdl& a&b cccflplwy 1 5 *d*s 8% &el INTERROGATORY NO. 3: Please provide a copy of any writing, document or other tangible object which you intend to offer as an exhibit or to otherwise display or to

5 inquire of any witness at the hearing in this matter. &kdl I\\/- ic/?'#, INTERROGATORY NO, 4: Identify all persons known to John Edwin Shine, 111, dba L & J Taxi Cab (Sirrine) to have information indicating that the services of Royal Cab Company, LLC (Royal) is inadequate or inefficient in the applicant's proposed area of operation and the circumstances surrounding this service. INTERROGATORY NO. 5: State how Sirrine's proposed rates were set and provide financial infomation supporting the proposed rates. '' CkB $e.ry;lr*j && e-&&b pjc, s,+.% *j?,as JJVTERROGATORY NO. 6: Describe the facilities in which Sirrine intends to conduct operations in West Virginia should the authority you seek be approved, describe the job each will perform. \h3& LCI pew &,f +AtV-$ j;, e..# & L A - $8 pipprwp,.x 'y \% ;(f# oc;+ + klc+ 4- h k 5 2

6 INTERROGATORY NO. 8: List every incident known to Sirrine in which Royal was unable or unwilling to provide the same, or similar service of that proposed by Sirrine identiqing all individuals involved, providing date, location and details of each such Virginia at any time. If so, please give the customer's name, the date, the origination and destination of the trip and the circumstances surrouqding the delivery. Of Odd.($a& 6. Q Lt< Ic.~b ir INTERROGATORY NO. 10: [I O'J c+ /J..fg3im. dc5.d /h?mck Have you ever had a formal or informal complaint filed against you at the West VirginiaPublic Service Coinmission. If so, please give the case number and the name of the complainant, +u 0 REOUEST FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION NO, 1: Please provide a copy of any writing, document or other tangible object which you intend to offer as an exhibit or to otherwise display or to inquire of any witness at the hearing in this matter, 3

7 REQUEST FORPRODUCTION NO. 2: Please provide a copy of any writing, document or other tangible object that pertains to any answer to the above interrogatories. Respectfully submitted; Royal Cab Company, LLC. By Counsel State Bar No HANNA LAW OFFICE Post Office Box Charleston, West Virginia (304)

8 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO MC-C dba L & J TAXI CAB Application For Certificate. CERTIFICATE OF SERVICE I, SAMUEL F. HANNA, counsel for Royal Cab Company, LLC, do hereby certify that service of the foregoing Royal Cab Company, LLC's First Set of Interrogatories and Request For Production of Documents to John Edwin Sirrine, 111, dba L & J Taxi Cab has been made upon the following parties by depositing the same in the regular course of the United States Mail, first class postage pre-paid on this the 9th day of September, John Edwin Sirrine, I11 d/b/a L & J Taxi Cab 630 S. 5th Street Clarksburg, West Virginia

9 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO, MC-C dba L & J TAXI CAB COMPANY Clarksburg, Harrison County Application for a certificate to provide taxi service in Harrison County. CERTIFICATE OF SERVICE I, SAMUEL F. ANNA, counsel for Royal Cab Company, LLC, do hereby certifl that a true copy of the foregoing MOTION TO DISMISS has been made upon the following parties this 2\ day of October, 2009, by depositing the same in the United States Mail, postage prepaid, in envelopes addressed as follows: John Edwin Sirrine, 111 d/b/a L & J Taxi Cab 630 S. 5th Street Clarksburg, WV James D. Kaufelt, Esquire Kaufelt & Kaufelt Counsel for D & L Limousine, Inc. P. 0. Box 3082 Charleston, WV

October 29, !.?., E 7 ip, i.j CASE NO MC-FC PRESTON SANITATION, INC.

October 29, !.?., E 7 ip, i.j CASE NO MC-FC PRESTON SANITATION, INC. 201 Brooks Street, P.O. Box 812 Charleston, West Virginia 25323 Public Service Commission of West Virginia Phone: (304) 3400300 Fax: (304) 340-0325 October 29, 2014 Ingrid Ferrell, Executive Secretary