MetroPCS California, LLC v. Picker et al

Filing 139

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

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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

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