Sprint Communications Company L.P. v. Pacific Bell Telephone Company et al

Filing 46

ORDER signed by Chief Judge Morrison C. England, Jr. on 10/14/2014. (1) Plaintiff Sprint Communications Company L.P.' s claims against defendant Verizon California Inc. are hereby SEVERED pursuant to Fed. R. Civ. P. 21. It is further ORDERED thi s case is hereby TRANSFERRED to the United StatesDistrict Court for the Eastern District of Missouri, Eastern Division, as to Defendant Verizon California Inc. only. Clerk is DIRECTED to take all steps necessary to effectuate this transfer. After tra nsfer of defendant Verizon California Inc. as set forth above. Sprint Communications Company L.P. SHALL REMAIN the plaintiff and Pacific Bell Telephone Company, doing business as AT&T California, SHALL REMAIN the defendant in action in United States District Court for the Eastern District of California. (Marciel, M)

1 HENRY WEISSMANN (SBN 132418)
[e-mail]
2 TAMERLIN J. GODLEY (SBN 194507)
[e-mail]
3 MARGARET G. MARASCHINO (SBN 267034)
[e-mail]
4 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
5 Thirty-Fifth Floor
Los Angeles, California 90071-1560
6 Telephone:
[phone]
Facsimile:
[phone]
7
Attorneys for Defendant VERIZON
8 CALIFORNIA INC.
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

SPRINT COMMUNICATIONS
13 COMPANY L.P.,
14
15

Plaintiff,
vs.

16 PACIFIC BELL TELEPHONE COMPANY
D/B/A AT&T CALIFORNIA;
17 VERIZON CALIFORNIA, INC; SUREWEST
TELEPHONE; and SUREWEST
18
TELEVIDEO,
19
Defendants.
20

Case No. 2:14-cv-01257-MCE-CKD
ORDER GRANTING VERIZON
CALIFORNIA INC.’S MOTION TO
SEVER AND TRANSFER TO THE
EASTERN DISTRICT OF MISSOURI
Judge: Hon. Morrison C. England, Jr,
Date: October 30, 2014
Time: 2:00 PM
Courtroom: 7
Action Filed: May 21, 2014

21
22
23
24
25
26
27
28
24675206.1

ORDER GRANDING VERIZON CALIFORNIA INC. MOTION TO SEVER AND TRANSFER TO EASTERN
DISTRICT OF MISSOURI

1

This matter is before the Court on the unopposed motion of Defendant Verizon California

2 Inc.’s (“Verizon”) to sever and to transfer venue to the United States District Court for the Eastern
3 District of Missouri. Mot., Oct. 1, 2014, ECF No. 42. Verizon moves to sever the claims against
4 it from this case and to transfer venue of those claims to the Eastern District of Missouri pursuant
5 to Fed. R. Civ. P. 21 and 28 U.S.C. § 1404(a). Plaintiff Sprint Communications Company L.P.
6 (“Plaintiff”) and the remaining Defendant, Pacific Bell Telephone Company, do not oppose
7 Verizon’s motion. See ECF No. 43. In addition, all parties to this action ask that the Court decide
8 the instant motion forthwith without oral argument. See id. Having reviewed the motion and
9 related documents, and by stipulation of all parties, the Court finds the matter suitable for decision
10 on shortened time and without oral argument pursuant to Local Rules 144(e) and 230(g).
11 Therefore, the October 30, 2014, hearing date for this motion is hereby VACATED.
12

For the reasons set forth in Verizon’s Motion, the Court agrees that the Eastern District of

13 Missouri is a more convenient forum for adjudication of Plaintiff’s claims against Verizon. For
14 good cause shown, the Court hereby GRANTS Verizon California Inc.’s Motion to Sever and to
15 Transfer Venue to the Eastern District of Missouri (ECF No. 37).1
16 ///
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26
27
28

1

As set forth in Verizon’s Motion, a related case, Sprint Communications Co. L.P. v. Southwestern. Bell
Telephone Company., et al., Case No. 4:14-cv-00850-CEJ (E.D. Mo. filed May 2, 2014), is pending in the United
States District Court for the Eastern District of Missouri, Eastern Division.
24675206.1

ORDER GRANDING VERIZON CALIFORNIA INC. MOTION TO SEVER AND TRANSFER TO EASTERN
DISTRICT OF MISSOURI

1

Accordingly, it is hereby ORDERED:

2

(1) Plaintiff Sprint Communications Company L.P.' s claims against Defendant Verizon

3 California Inc. are hereby SEVERED pursuant to Fed. R. Civ. P. 21.
4

(2) It is further ORDERED this case is hereby TRANSFERRED to the United States

5 District Court for the Eastern District of Missouri, Eastern Division, as to Defendant Verizon
6 California Inc. only. The Clerk of the Court is DIRECTED to take all steps necessary to
7 effectuate this transfer; and
8

(3) After the transfer of Defendant Verizon California Inc. as set forth above, Sprint

9 Communications Company L.P. SHALL REMAIN the Plaintiff and Pacific Bell Telephone
10 Company, doing business as AT&T California, SHALL REMAIN the Defendant in this action in
11 the United States District Court for the Eastern District of California.
12

IT IS SO ORDERED.

13 Dated: October 14, 2014
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24675206.1

-2-

ORDER GRANDING VERIZON CALIFORNIA INC. MOTION TO SEVER AND TRANSFER TO EASTERN
DISTRICT OF MISSOURI