Pacific Bell Telephone Co. v. City of Hawthorne

ORDER Denying Defendants’ Motion to Dismiss and Granting Plaintiffs Request for Judicial Notice

The matters before the Court, the Honorable Consuelo B. Marshall, United States District Judge presiding, are (1) Plaintiffs Request for Judicial Notice and (2) Defendants’ Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6). The parties appeared before the Court on May 21, 2001. Upon consideration of the arguments presented, the Court grants Plaintiffs Request for Judicial Notice and denies Defendants’ Motion to Dismiss.

JURISDICTION

This action is before the court pursuant to 47 U.S.C. § 253 and 28 U.S.C. § 1331 . The Court has supplemental jurisdiction over Plaintiffs state law claims pursuant to 28 U.S.C. § 1367 .

BACKGROUND AND PROCEDURAL HISTORY

Plaintiff Pacific Bell Telephone Company filed a Complaint against the City of Hawthorne and the City Council of the City of Hawthorne on February 27, 2001. The Complaint seeks declaratory and in-junctive relief under § 253 of the Telecommunications Act of 1996; federal preemption; California Public Utilities Code § 7901; California Government Code §§ 50030, 66001; and the California Constitution. Plaintiff further seeks a peremptory…