GTE Mobilnet of California Limited Partnership v. City of Berkeley

Good Law
United States District Court, Northern District of CaliforniaFebruary 24, 20224:20-cv-05460California2,587 words

Opinion

Trial Court Opinion

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

LIMITED PARTNERSHIP,

8 Plaintiff, ORDER DENYING MOTION FOR LEAVE TO FILE A MOTION FOR v. RECONSIDERATION 10 CITY OF BERKELEY, et al., Re: Dkt. No. 50 11 Defendants. 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”) moved pursuant to Federal Rules of Civil Procedure to dismiss Verizon’s First Amended and Supplemental Complaint (“FASC”), which the court denied on September 28, 2021. [Docket No. 47.] BRN now moves pursuant to Civil Local Rule 7-9 for leave to file a motion for reconsideration of portions of the order denying…

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