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WALTER v. HUGHES COMMUNICATIONS, INC.

Case No. 09-2136 SC.

682 F.Supp.2d 1031 (2010)

Tina WALTER, Christopher Bayless and Eric Schumacher, individually and on behalf of all others similarly situated, Plaintiffs, v. HUGHES COMMUNICATIONS, INC., and Hughes Network Systems, LLC, Defendants.

United States District Court, N.D. California.

January 26, 2010.

Attorney(s) appearing for the Case

Alan R. Plutzik, Jennifer Susan Rosenberg, Robert M. Bramson, Bramson Plutzik Mahler & Birkhaeuser, LLP, Walnut Creek, CA, Derek T. Braslow, Harris Lee Pogust, Robert N. Wilkey, Pogust, Braslow, & Millrood, LLC, Conshohocken, PA, Joshua Caleb Ezrin, William M. Audet, Audet & Partners, LLP, San Francisco, CA, Francis A. Bottini, Jr., Frank James Johnson, Johnson Bottini, LLP, San Diego, CA, for Plaintiffs.

Robert B. Hawk, J. Christopher Mitchell, Hogan & Hartson LLP, Palo Alto, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

SAMUEL CONTI, District Judge.

I. INTRODUCTION

Plaintiffs Tina Walter ("Walter"), Christopher Bayless ("Bayless") and Eric Schumacher ("Schumacher") (collectively, "Plaintiffs") have brought this purported class action lawsuit against their internet provider for supplying internet services that, they allege, are significantly slower than advertised. See

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