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DAVIS v. PACIFIC BELL

Nos. C 01-2680 SI, C 01-0585 SI.

204 F.Supp.2d 1236 (2002)

Robert L. DAVIS and Joseph D. Hom, individually and on behalf of all others similarly situated, Plaintiffs, v. PACIFIC BELL, Defendant. Orlando Arce and Arce Enterprises, LLC, dba "Jet International Travel," individually and on behalf of others similarly situated, Plaintiffs, v. Pacific Bell, Defendant.

United States District Court, N.D. California.

January 10, 2002.

Attorney(s) appearing for the Case

Robert C. Schubert, Willem F. Jonckheer, Juden Justice Reed, Schubert & Reed LLP, San Francisco, CA, Burton H. Finkelstein, Douglas G. Thompson, Roy A. KAtriel, Finkelstein, Thompson & Loughran, Duvall Foundry, Washington, DC, Nicholas E. Chimicles, Chimicles & Tikellis LLP, Haverford, PA, J. Dennis Faucher, Miller Faucher and Cafferty, Philadelphia, PA, Lawrence A. Sucharow, Goodkind, Labaton, Rudoff & Sucharow LLP, New York City, for plaintiffs.

Robert A. Mittelstaedt, Pillsbury Winthrop LLP, San Francisco, CA, Bobby C. Lawyer, Pacific Telesis Group, Legal Dept., San Francisco, CA, Andrew J. Ogilvie, Kemnitzer, Anderson, Barron & Ogilvie, San Francisco, CA, for defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

ILLSTON, District Judge.

On October 26, 2001, the Court heard argument on defendant's motion to dismiss plaintiffs' complaint in this consolidated action. Having carefully considered the arguments of the parties and the papers submitted, the Court GRANTS in part and DENIES in part defendants' motion as set forth below.

BACKGROUND

On January 12, 2001, plaintiffs Robert...

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