United States District Court, N.D. California
April 16, 2004.
ALBERT O. STEIN, Individually, And On Behalf Of All Others Similarly Situated, Plaintiffs;
PACIFIC BELL, SBC COMMUNICATIONS INC., SBC TELECOMMUNICATIONS, INC., SBC TECHNOLOGY RESOURCES, INC. and SBC ADVANCED SOLUTIONS INC., Defendants
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
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
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.
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