TPS Utilicom Services, Inc. v. AT & T CORP.

ORDER DENYING PLANTIFF’S MOTION FOR REMAND AND GRANTING DEFENDANTS’ MOTIONS TO DISMISS

The Plaintiff, TPS Utilicom Services, Inc. (“TPS”), filed suit in state court for: 1) unfair business practices under California Business & Professions Code § 17200 et seq.; and 2) interference with prospective economic advantage, against the defendant telecommunications companies AT & T Corp., AT & T Wireless PCS Interests, L.L.C., AT & T Wireless PCS, L.L.C., AT & T Communications of California, Inc., AT & T Wireless Services, Inc., AT & T Wireless Services of California, L.L.C. (collectively, “AT & T”), and Alaska Native Wireless, L.L.C. (“ANW”)(“Defendants”). Two of the Defendants— AT & T Communications of California, Inc. and AT & T Wireless Services of California, L.L.C. (“resident defendants”)—are California citizens for purposes of diversity.

The Defendants removed the action on the basis of diversity and federal question jurisdiction through complete preemption. The Plaintiff now seeks to remand the action; the AT & T defendants move to dismiss on grounds of preemption, referral under the doctrine of primary jurisdiction, and failure to state a claim under state law; and the ANW…