Opinion
Case No. C-00-2915-SI
April 16, 2004
Robert A. Mittelstaedt, Craig E. Stewart, JONES DAY, San Francisco, CA, for Defendants Pacific Bell, SBC Communications Inc., SBC Telecommunications, Inc., SBC Technology Resources, Inc. and SBC Advanced Solutions Inc.
Christopher R. Ball, PILLSBURY WINTHROP LLP, San Francisco, CA, for Defendants Pacific Bell, SBC Communications Inc., SBC Telecommunications, Inc., SBC Technology Resources, Inc. and SBC Advanced Solutions Inc.
PROPOSED JUDGMENT
This Court's March 4, 2004 order disposed of all remaining claims in plaintiffs' complaint. Accordingly, defendants submit the attached proposed judgment for the Court's entry. As indicated by the signature of their counsel below, plaintiffs approve the proposed judgment as to form. The parties agree that this submission of the proposed judgment and approval as to form shall not waive any party's right to appeal from the judgment
JUDGMENT
Pursuant to this Court's Order Granting in Part and Denying in Part Defendants' Motion to Dismiss, dated February 25, 2002, and Order Granting Defendants' Motion for Summary Judgment; Denying Plaintiffs Motion for Summary Judgment; and Denying Motions to Exclude Evidence and to Stay, dated March 4, 2004,IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. Plaintiffs take nothing on Counts I, II, III, IV, V and VII of the Second Amended Complaint and those Counts are dismissed with prejudice;
2. Plaintiffs' Count VI is dismissed without prejudice.
PROOF OF SERVICE BY MAIL CASE NO. C-00-2915-SI
I am a citizen of the United States and employed in San Francisco County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 555 California Street, 26th Floor, San Francisco, California 94104. I am readily familiar with this firm's practice for collection and processing of correspondence for mailing with the United States Postal Service. On April 14, 2004, I placed with this firm at the above address for deposit with the United States Postal Service a true and correct copy of the within document(s):
PROPOSED JUDGMENT
addressed as follows:
SEE ATTACHED SERVICE LIST
Following ordinary business practices, the envelope was sealed and placed for collection and mailing on this date, and would, in the ordinary course of business, be deposited with the United States Postal Service on this date.
I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
Executed on April 14, 2004, at San Francisco, California.