Stein

Stein v. Pacific Bell Telephone Co.

Good Law

173 F. Supp. 2d 975·2001 WL 1358946·2001 U.S. Dist. LEXIS 22909

United States District Court, Northern District of CaliforniaFebruary 14, 200100CV2915 SICalifornia5,556 words

Opinion

Illston, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS WITH LEAVE TO AMEND

On January 5, 2001, the Court heard argument on defendants’ motion to dismiss plaintiffs complaint for failure to state a claim upon which relief can be granted. Having carefully considered the arguments of the parties and the papers submitted, the Court GRANTS defendants’ motion with leave to amend as set forth below.

BACKGROUND

Plaintiff Albert O. Stein (“Stein”) brings this action on behalf of himself and all others similarly situated to challenge al leged anticompetitive conduct by defendants (collectively “Pacific Bell”), relating to Digital Subscriber Line (“DSL”) service.

DSL is a service that provides consumers with dedicated, high-speed access to the Internet. Compl. ¶ 13. Utilizing new technology that permits simultaneous data exchange over voice service, DSL service is provided through already existing telephone lines and facilities, thus allowing users to have concurrent access to the Internet and traditional telephone service. See id.; Deft’s Req. for Judicial Notice, Ex. A (Tariff F.C.C. No. 128), at rev. p. 13. According to Stein, Pacific Bell has a market share in excess of 85% of the DSL market,…

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