Hepting et al v. AT&T Corp. et al

Filing 303

MOTION to Related Case filed by Tash Hepting. (Fastiff, Eric) (Filed on 7/11/2006)

Hepting et al v. AT&T Corp. et al

Doc. 303

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James M. Finberg (State Bar No. 114850) Barry R. Himmelstein (State Bar No. 157736) Michael W. Sobol (State Bar No. 194857) Eric B. Fastiff (State Bar No. 182260) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff and the Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (San Francisco Division)

TASH HEPTING, et al., Plaintiffs, v. AT&T CORP., et al., Defendants. THIS DOCUMENT RELATES TO: Spielfogel-Landis v. MCI, LLC, case no. C-06-4221 MJJ

Case No. C-06-0672-VRW ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED

The Honorable Vaughn R. Walker

TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: Pursuant to Local Rule 3-12, plaintiff Elaine Spielfogel- Landis respectfully submits this administrative motion to consider whether a case filed in this District, SpielfogelLandis v. MCI, LLC, case no. C-06-4221 MJJ (filed July 7, 2006) ("Spielfogel-Landis"), should be related to another case filed in this District, Hepting, et al. v. AT&T Corp. et al., case no. C-060672- VRW ("Hepting").

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ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. C-06-0672-VRW

Dockets.Justia.com

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Pursuant to Local Rule 3-12(d)(2), plaintiffs state that Spielfogel-Landis and Hepting actions allege that different defendants violated the same federal communications statutes and the California Unfair Competition Law by illegally providing the federal government with their customers' telecommunications records. Plaintiffs in Spielfogel-Landis and Hepting raise causes of actions for violations of 28 U.S.C. § 2702, 47 U.S.C. § 605, and California Bus. & Prof. Code §§17200, et seq. (Hepting includes additional causes of action that Spielfogel-Landis does not include.) This Court previously related Riordan, et al. v. Verizon Communications, Inc., Case No. C-06-3574-VRW ("Riordan") to Hepting. Riordan alleges Verizon also illegally provided the federal government with Verizon's customers' communication records. The Hepting action alleges that various AT&T corporate entities provided the federal government with their customers' telecommunications records. The Spielfogel-Landis action is brought against MCI, LLC, which is currently owned by Verizon, and alleges MCI illegally provided the federal government with MCI's customers' communication records. For the reasons that the Court related the Riordan action to Hepting, different defendants following the same alleged illegal conduct, the Court should also relate Spielfogel-Landis to Hepting. Pursuant to Local Rule 3-12(a)(2), it appears likely that there will be an unduly burdensome duplication of labor and expense or the possibility of conflicting results if the cases are conducted before different Judges.

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ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. C-06-0672-VRW

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Dated: July 11, 2006

Respectfully submitted, By: /s/ Eric B. Fastiff Eric B. Fastiff James M. Finberg Barry R. Himmelstein Michael W. Sobol Eric B. Fastiff LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] Attorneys for Individual and Representative Plaintiff Elaine Spielfogel- Landis

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ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. C-06-0672-VRW

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PROOF OF SERVICE I am a citizen of the United States and employed in San Francisco County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is Embarcadero Center West, 275 Battery Street, 30th Floor, San Francisco, California 94111-3339. On July 11, 2006, I caused to be served by hand delivery a true and correct copy of the within document : ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASE SHOULD BE RELATED by delivering copies thereof to: MCI, LLC c/o The Corporation Trust Company Corporation Trust Center 1209 Orange St. Wilmington, DE 19801 I declare that I am a member of the bar of this court at whose direction the service was made. Service on the parties to Hepting, et al. v. AT&T Corp., et al., case no. C-06-0672VRW was made by electronic filing using the Court's CM/ECF system. Executed on July 11, 2006, at San Francisco, California. /s/ Eric B. Fastiff Eric B. Fastiff

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ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. C-06-0672-VRW