PACIFIC BELL TELEPHONE CO. v. CITY OF WALNUT CREEK

No. C-05-4723 MMC.

428 F.Supp.2d 1037 (2006)

PACIFIC BELL TELEPHONE COMPANY, a California corporation doing business as AT & T California, Plaintiff and Petitioner v. THE CITY OF WALNUT CREEK and The City Council of the City of Walnut Creek, Defendants and Respondents.

United States District Court, N.D. California.

April 13, 2006.


Attorney(s) appearing for the Case

Robert S. Metzger, Gibson, Dunn & Crutcher LLP, Los Angeles, CA, Ronald E. Van Buskirk, Christopher R. Ball, Pillsbury Winthrop Shaw Pittman LLP, Bobby C. Lawyer, SBC West Legal Department, San Francisco, CA, for Plaintiff and Petitioner.

Paul Valle-Riestra, Senior Assistant City Attorney, Walnut Creek, CA, Kirk Edward Trost, Miller, Owen & Trost, Sacramento, CA, for Defendants and Respondents.


ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND/OR TO ABSTAIN

CHESNEY, District Judge.

Before the Court is the motion filed February 27, 2006 by defendants City of Walnut Creek and the City Council of the City of Walnut Creek (jointly, "City") seeking dismissal, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, and/or abstention. Plaintiff Pacific Bell Telephone Company, doing business as AT & T California ("AT & T") has filed opposition...

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