GTE Mobilnet of California Limited Partnership v. City of Berkeley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GTE MOBILNET OF CALIFORNIA Case No. 20-cv-05460-DMR

LIMITED PARTNERSHIP,

8 Plaintiff, ORDER ON MOTION TO DISMISS FIRST AMENDED AND v. SUPPLEMENTAL COMPLAINT 10 CITY OF BERKELEY, Re: Dkt. No. 40 11 Defendant. 12 Plaintiff GTE Mobilnet of California (“Verizon”) filed this action for declaratory judgment under the Telecommunications Act of 1996 (“TCA”), 47 U.S.C. § 332(c)(7) against Defendant City of Berkeley (“Berkeley”), alleging that Berkeley unlawfully denied Verizon’s application to construct a personal wireless service facility in Berkeley, California. Intervenor-Defendants Berryman Reservoir Neighbors (“BRN”) now move pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss Verizon’s First Amended and Supplemental Complaint (“FASC”). [Docket No. 40.] This matter is suitable for resolution without oral argument. Civ. L.R. 7-1(b). For the following reasons, the motion is denied. I. …