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KELLEY DRY E & W ARREN L L P
A LI MIT E D LIA BI LIT Y P ART NER SHI P
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W A S H I N G T O N , D C
L O S A N G E L E S , C A
S T A M F O R D , C T
P A R S I P P A N Y , N J
B R U S S E L S , B E L G I U M
A F F I L I A T E O F F I C E
M U M B A I , I N D I A
F A C S I M I L E
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w w w . k e l l e y d r y e . c o m
H E N R Y T . K E L L Y
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E M A I L : h k e l l y @ k e l l e y d r y e . c o m
July 7, 2014
Ms. Mary Jo KunkleExecutive SecretaryMichigan Public Service Commission4300 West Saginaw, P.O. Box 30221Lansing, Michigan 48909
Re: MPSC Case No. U-11756.
Dear Ms. Kunkle:
Enclosed for filing are Kelley Drye & Warrren LLP and Clark Hill P.L.C.’sMotion To Withdraw As Counsel For Certain Complainants.
Please let me know if you have any questions or concerns regarding thesedocuments.
Sincerely,
Henry T. Kelly
cc: Attached Service List
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STATE OF MICHIGANBEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION
* * * * * *
The Michigan Pay Telephone Association, et al., ))
Complainants, ))
v. ))
Michigan Bell Telephone Company, and Verizon North ) Case No. U-11756Incorporated, )
)Respondents. )
)Complaint Pursuant to Sections 203, 204, and 318 of )the Michigan Telecommunications Act to Compel )Respondents To Comply with Section 276 of the Federal )Communications Act. )
MOTION TO WITHDRAW AS COUNSEL FORCERTAIN COMPLAINANTS
Kelley Drye & Warren LLP and Clark Hill P.L.C., hereby move the Commission for an
order allowing them to withdraw as counsel for named Complainants American Paytel
Communications, Inc., Sheffield Systems, Inc., and PhoneTel Technologies, Inc. and Peoples
Telephone Company and their affiliates by merger Davel Communications, Inc. and Teleleasing
Enterprises, Inc., and states as follows in support of this Motion.
1. The undersigned counsel represents numerous parties in these proceedings, on a
complaint that was filed on August 10, 1998. Among the named Complainants are American
Paytel Communications, Inc., Peoples Telephone Company, PhoneTel Technologies, Inc. and
Sheffield Systems, Inc. In addition to the originally named Complainants, Davel
Communications, Inc. and Teleleasing Enterprises, Inc., affiliates of Peoples Telephone and
PhoneTel Technologies by merger, have operated telephones in Michigan Bell Telephone
Company’s territory.
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2. Since the time of the filing of the Compliant, counsel for the companies identified
in paragraph 1 has lost contact with these companies, and these companies or their successors
have been dissolved.
American Paytel Communications, Inc.
3. American Paytel Corporation was a Michigan Corporation. (Complaint, para. 6.)
The company requested that any contact with the company be provided to Mr. Robert L. Miller,
American Paytel Communications, Inc., 5116 S. M-106, Number D, Stockbridge, Michigan
49285, telephone number (517) 851-4050, and email address [email protected]. This is
also the last known address that counsel has for American Paytel Corporation, and the address to
which counsel’s prior communications had been successful.
4. Since the Commission reinstated the case, counsel has tried various ways to
contact the Company at the addresses provided. However, efforts to call the provided telephone
number and the telephone number of the former registered agent, and to send correspondence via
email, regular mail and UPS, have failed.
5. American Paytel Corporation was involuntarily dissolved as a corporation.
Attachment 1.
Peoples Telephone – PhoneTel – Davel Communications - Teleleasing
6. At the time of the filing of the Complaint, Peoples Telephone Company was a
New York Corporation. (Complaint, para. 38.) On December 23, 1998, Peoples Telephone
Company merged with Davel Communications Group, Inc. As a result of this merger, Peoples
Telephone Company became a wholly owned subsidiary of Davel Communications, Inc., a
Delaware Corporation (excerpt of November 20, 1998, SEC Form S-4 at p. 4, Attachment 2.)
7. At the time of the filing of the Complaint, PhoneTel Communications, Inc. was an
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Ohio corporation. (Complaint, para. 39.) On July 11, 2002, Davel Communications, Inc.
acquired substantially all of the shares of PhoneTel Communications, Inc., and PhoneTel
Communications, Inc. continued to operate as a separate wholly owned subsidiary. (July 11,
2002, SEC Form 425 filed by Davel Communications, Inc., Attachment 3).
8. At some point after the filing of the Complaint, Davel Communications, Inc.
acquired Teleleasing Enterprises, Inc., an Illinois Corporation. (See excerpt of December 31,
2004 Form 10-K, Exhibit 2.1, Attachment 4.) Prior to this event, Teleleasing Enterprises was not
a complainant, and counsel for the Complainants had no independent contact with this company.
Counsel does not know the address of this company prior to the acquisition by Davel.
9. Upon information and belief, Davel and/or its subsidiaries operated telephones in
Michigan Bell Telephone’s operating territories under the names PhoneTel, Peoples, Davel and
Teleleasing. (See AT&T Michigan Confidential Refund Report, Ex. 1, filed January 6, 2014.)
10. On September 3, 2004, the secured lenders of Davel entered into a Loan Purchase
Agreement and Transfer and Assignment of Shares which resulted in a company MobilePro
Corp. and its subsidiary Davel Acquisition Corp., both Delaware corporations, to acquire
substantially all of the shares of Davel and its subsidiaries. (Excerpt of March 7, 2005, SEC
Form DEF 14C, Definitive Statement, at p. 13, Attachment 5.) At the time of this transaction,
Tammy L. Martin served as Chief Administrative Officer of the Company. Ms. Martin had
served as General Counsel of the company since September 5, 2002, and as Secretary since June
9, 2003. For several years prior thereto, Ms. Martin also held several senior management
positions with PhoneTel, including Chief Administrative Officer, General Counsel and
Secretary. (Id. at p. 40.)
11. In 2009, MobilePro reported that “the operating losses incurred by Davel
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adversely affected the consolidated operating results of MobilePro” and the company sold
various payphones to a series of unaffiliated payphone operators in 2008, but retained its
interests in Davel’s legal proceedings. (March 31, 2009 Form 10K, MobilePro Corp., at 7, 22,
Attachment 6.)
12. Since approximately 2002 up through the first quarter 2009, when the prior
refunds ordered by the Commission were distributed, Ms. Martin was the undersigned counsel’s
exclusive contact on this case for Davel and its subsidiaries PhoneTel and Peoples.
13. The last known address for these companies was Tammy L. Martin, General
Counsel and Chief Administrative Officer, MobilePro Corp., 3076 Fairmount Blvd., Cleveland
Heights, Ohio 44118.
14. Since the Commission reinstated the case, counsel for these Complainant
companies have tried various ways to contact representatives of the foregoing companies.
However, efforts to call various telephone numbers available through Internet searches, and send
correspondence via email, regular mail and UPS, have failed.
15. MobilePro Corp., Davel Acquisition Corp., Davel Holdings, Inc. and PhoneTel
Technologies are all dissolved corporations. (Attachment 7.) Peoples Telephone Company has
failed to file its biennial corporate report since 2008. Peoples Telephone has not yet been
dissolved, but New York dissolves corporations by proclamation if they are delinquent in filing
return or paying taxes or fees for two consecutive years. Counsel does not know the state of
incorporation for Teleleasing Enterprises as counsel never independently represented
Teleleasing.
Sheffield Systems, Inc.
16. Sheffield Systems was an Illinois Corporation. (Complaint, para. 49.) The
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company requested that any contact with the company be provided to Mr. Joseph Amendala,
Sheffield Systems, 5601 W. 120th St., Alsip, Illinois 60803, and 21421 Hilltop, Suite 17,
Southfield, Michigan 48934, telephone number (248) 353-8210. These are also the last known
addresses that counsel has for Sheffield Systems, and the address to which counsel’s prior
communications had been successful.
17. Since the Commission reinstated the case, counsel has tried various ways to
contact the company at the addresses provided. However, efforts to call the provided telephone
number and to send correspondence via regular mail and UPS, have failed.
18. Sheffield Systems was dissolved for failing to file an Annual Report. Attachment
8.
19. Michigan Rule of Professional Conduct 1.16(b)(4) provides that a lawyer may
withdraw from representing a client if “good cause for withdrawal exists.” MRPC 1.16(b)(5), and
(6). Good cause in this case exists to permit Kelley Drye and Warren and Clark Hill to withdraw
as counsel as the foregoing companies have been dissolved, and counsel are not able to contact the
company’s former representatives.
20. A copy of this motion is being served by counsel on the Complainants at the last
known address.
WHEREFORE, the undersigned counsel respectfully requests that the Commission allow
them to withdraw as counsel for American Paytel Communications, Inc., Sheffield Systems, Inc.,
Peoples Telephone Company, PhoneTel Technologies, Inc., Davel Communications, Inc. and
Teleleasing Enterprises, Inc.
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Respectfully submitted,
MICHIGAN PAY TELEPHONE ASSOCIATION ANDTHE COMPLAINANT INDEPENDENT PAYPHONEPROVIDERS.
Dated: July 7, 2014One of the attorneys for the Complainants.
Leland R. Rosier (P33827) Henry T. KellyClark Hill P.L.C. Michael R. Dover212 East Grand River Avenue Kelley Drye & Warren LLPLansing, Michigan 48906 333 West Wacker Drive, Suite 2600(517) 318-3021 Chicago, Illinois [email protected] (312) 857-7070
(312) 857-7095 [email protected]@kelleydrye.com
