Davis

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

On October 26, 2001, the Court heard argument on defendant’s motion to dismiss plaintiffs’ complaint in this consolidated action. Having carefully considered the arguments of the parties and the papers submitted, the Court GRANTS in part and DENIES in part defendants’ motion as set forth below.

BACKGROUND

On January 12, 2001, plaintiffs Robert Davis and Joseph Horn filed a complaint against Pacific Bell Telephone Company (“Pacific”) alleging that by obstructing customer migration to competitors in contravention of the Telecommunications Act of 1996, Pacific had violated of the Sherman Antitrust Act, 15 U.S.C. § 2 , and the corresponding state law, the Cartwright Act, Cal. Bus. &f Prof.Code § 16700 et. seq. On January 23, 2001, the case was related to another action before Judge Charles A. Legge, Caltech Int’l Teleco v. Pacific Bell (C 97-2105 CAL). Caltech was an antitrust action brought by a competitor phone company against Pacific Bell, alleging the same conduct at issue in the instant case. On December 14, 2000, a jury had entered a verdict in Caltech’s favor. Following negotiation between the parties,…