Sierra Railroad Company v. Comcast Cable Communications, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 SIERRA RAILROAD COMPANY, No. 1:21-cv-01293-KES-BAM Plaintiff, v. ORDER GRANTING MOTION TO DISMISS COMCAST CABLE (Doc. 7)

COMMUNICATIONS, LLC,

13 Defendant.

15 16 This action was filed by plaintiff Sierra Railroad Company (“Sierra”) against defendant Comcast Cable Communications, LLC (“Comcast”) for the alleged breach of wireline crossing license agreements. Comcast moves for dismissal of four causes of action asserting that the statute of limitations bars those causes of actions and that one cause of action should be dismissed as duplicative. Doc. 7. The matter is fully briefed and suitable for resolution without oral argument. For the reasons set forth below, the motion to dismiss is granted with leave to amend. I. BACKGROUND1 In early 2002, Sierra licensed seventeen wireline crossings in Tuolumne County to Comcast’s predecessor, AT&T Broadband. Doc. 1, Ex. A (“Compl.”) ¶¶ 2–3. Comcast expressly

1 The recitation…