Sprint Communications Company v. Surewest Telephone et al

Filing 36

ORDER signed by Chief Judge Morrison C. England, Jr on 9/22/14 GRANTING 25 Motion to Sever and Change Venue. Surewest Telephone and Surewest Televideo are hereby SEVERED and this case is TRANSFERRED to the Central District of Illinois as to defendants Surewest Telephone and Surewest Televideo only. Sprint Communications shall remain the plaintiff and Verizon California, Inc. and Pacific Bell Telephone Company shall remain the defendants in this action in this court. (Manzer, C)

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Bingham McCutchen LLP
ROBERT A. BRUNDAGE (SBN 159890)
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: [phone]

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Counsel for Defendants
SureWest Telephone and SureWest Televideo

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SPRINT COMMUNICATIONS
COMPANY L.P.,

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Plaintiff,
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v.
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PACIFIC BELL TELEPHONE COMPANY
D/B/A AT&T CALIFORNIA; VERIZON
CALIFORNIA, INC.; SUREWEST
TELEPHONE; and SUREWEST TELEVIDEO,
Defendants.

No. 2:14-CV-01257-MCE-CKD
ORDER GRANTING SUREWEST
TELEPHONE AND SUREWEST
TELEVIDEO’S UNOPPOSED
MOTION TO SEVER AND TO
TRANSFER VENUE TO THE
CENTRAL DISTRICT OF ILLINOIS
Judge: Chief Judge Morrison C.
England, Jr.
Date: October 16, 2014
Time: 2:00 PM
Courtroom: 7
Action Filed: May 21, 2014

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This matter is before the Court on the unopposed motion of Defendants SureWest

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Telephone and SureWest Televideo (collectively, “SureWest”) to sever and to transfer venue to

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the United States District Court for the Central District of Illinois. Mot., Sept. 10, 2014, ECF

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No. 25. SureWest moves to sever the claims against it from this case and to transfer venue of

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those claims to the Central District of Illinois pursuant to Fed. R. Civ. P. 21 and 28 U.S.C.

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§ 1404(a). Plaintiff and the remaining two Defendants, Pacific Bell Telephone Company and

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Verizon California, Inc., do not oppose SureWest’s Motion. See ECF No. 32. In addition, all
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ORDER GRANTING SUREWEST TELEPHONE AND SUREWEST TELEVIDEO’S MOTION TO SEVER
AND TO TRANSFER VENUE TO THE CENTRAL DISTRICT OF ILLINOIS

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parties to this action ask that the Court decide the instant motion forthwith without oral

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argument. Id. Having reviewed the motion and related documents, and by stipulation of all

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parties, the Court finds the matter suitable for decision on shortened time and without oral

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argument pursuant to Local Rules 144(e) and 230(g). Therefore, the October 16, 2014, hearing

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date for this motion is hereby VACATED.

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For the reasons set forth in SureWest’s Motion, the Court agrees that the Central District

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of Illinois is a more convenient forum for adjudication of Plaintiff’s claims against SureWest.

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For good cause shown, the Court hereby GRANTS SureWest Telephone and SureWest

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Televideo’s Unopposed Motion to Sever and to Transfer Venue to the Central District of Illinois.

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Accordingly, it is hereby ORDERED:

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(1)

Plaintiff Sprint Communications Company L.P.’s claims against Defendants

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SureWest Telephone and SureWest Televideo are hereby SEVERED pursuant to Federal Rule

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of Civil Procedure 21;

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(2)

It is further ORDERED this case is hereby TRANSFERRED to the United

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States District Court for the Central District of Illinois, Urbana Division, as to Defendants

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SureWest Telephone and SureWest Televideo only. The Clerk of the Court is DIRECTED to

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take all steps necessary to effectuate this transfer; and

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ORDER GRANTING SUREWEST TELEPHONE AND SUREWEST TELEVIDEO’S MOTION TO SEVER
AND TO TRANSFER VENUE TO THE CENTRAL DISTRICT OF ILLINOIS

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(3)

After the transfer of the SureWest Defendants as set forth above, Sprint

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Communications Company L.P. SHALL REMAIN the Plaintiff and Verizon California, Inc.

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and Pacific Bell Telephone Company, doing business as AT&T California, SHALL REMAIN

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the Defendants in this action in this Court.

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IT IS SO ORDERED.
Dated: September 22, 2014

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ORDER GRANTING SUREWEST TELEPHONE AND SUREWEST TELEVIDEO’S MOTION TO SEVER
AND TO TRANSFER VENUE TO THE CENTRAL DISTRICT OF ILLINOIS