MetroPCS California, LLC v. Picker et al

Filing 139

ORDER RE: SUPPLEMENTAL BRIEFING (Illston, Susan) (Filed on 4/26/2021)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8
9

METROPCS CALIFORNIA, LLC,
Plaintiff,

10

United States District Court
Northern District of California

ORDER RE: SUPPLEMENTAL
BRIEFING

v.

11
12

Case No. 17-cv-05959-SI

MARYBEL BATJER, et al.,
Defendants.

13
14
15

On April 23, 2021, the Court held a hearing on the parties’ cross-motions for summary
At the hearing, plaintiff’s counsel asserted that the CPUC’s audit of plaintiff’s

16

judgment.

17

compliance with the rules and regulations with respect to the assessment, collection and remittance

18

of the MTS surcharge (found at Barnes Reply Decl., Ex. A), combined with the fact that the CPUC

19

has demanded that plaintiff pay an additional amount for 2017-2018 as a result of the intrastate

20

allocation factor, demonstrates that the intrastate allocation factor impermissibly assesses

21

MetroPCS’s interstate and/or broadband data revenues and thus is preempted as applied to

22

MetroPCS.

23

The Court finds that supplemental briefing on this specific issue is warranted. The Court

24

directs plaintiff’s counsel to file the CPUC’s demand letter under seal. The Court also directs the

25

parties to file supplemental briefs explaining their positions regarding why the audit and the demand

26

letter do or do not establish that the intrastate allocation factor impermissibly assesses MetroPCS’s

27

interstate and/or broadband data revenues. The parties shall meet and confer and submit a

28

stipulation regarding a briefing schedule for the supplemental briefs. Upon the filing of the

1

supplemental briefs, the Court will take the matter under submission.

2
3

IT IS SO ORDERED.

4
5
6

Dated: April 26, 2021

______________________________________
SUSAN ILLSTON
United States District Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2