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Title T-Mobile West Corporation v. City of Huntington Beach

August 20, 2012

TITLE T-MOBILE WEST CORPORATION
v.
CITY OF HUNTINGTON BEACH, ET AL.



The opinion of the court was delivered by: Present: The Honorable Christina A. Snyder

CIVIL MINUTES - GENERAL

CATHERINE JEANG/

LAURA ELIAS N/A

MONICA SALCIDO

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Martin Fineman Scott Field

Proceedings: Plaintiff's Motions in Limine (filed July 23, 2012)

INTRODUCTION AND BACKGROUND

Plaintiff T-Mobile West Corporation ("T-Mobile") filed the instant action against defendants the City of Huntington Beach (the "City") and the Huntington Beach City Council (the "City Council") on April 16, 2010. The complaint asserts three claims for relief based on purported violations of the Telecommunications Act of 1996: (1) violation of 47 U.S.C. § 332(c)(7)(B)(iii) (lack of substantial evidence to deny request to place wireless service facilities); (2) violation of 47 U.S.C. § 332(c)(7)(B)(i)(II) (improper prohibition of provision of personal wireless services); and (3) violation of 47 U.S.C. § 332(c)(7)(B)(iv) (improper denial of permit for Federal Communications Commission-compliant wireless facilities based on radio frequency effects).*fn1

The gravamen of T-Mobile's complaint is that it was improperly denied a conditional use permit ("CUP") application to construct a wireless facility at the Community United Methodist Church ("CUMC"), located at 6666 Heil Avenue in Huntington Beach, California, to fill a gap in T-Mobile's "in-home" residential coverage. Compl. ¶ 1. A bench trial is currently scheduled to begin on August 28, 2012.

T-Mobile filed two motions in limine on July 23, 2012: (1) to exclude all evidence and argument relating to whether it has an equal or greater need for wireless telecommunications facilities at locations other than the CUMC; and (2) to exclude any witnesses or documents not timely disclosed as required by Federal Rule of Civil Procedure 26. The City filed oppositions on July 30, 2012. After considering the parties' arguments, the Court finds and concludes as follows.

DISCUSSION

A. T-Mobile's Motion to Exclude Evidence Relating to its Needs ...


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