COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTION; REQUEST FOR EXPEDITED REVIEW UNDER 47 U.S.C. § 332(c)(7)(B)(v): UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION, GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership d/b/a VERIZON WIRELESS, Plaintiff, vs. CARMEL-BY-THE-SEA, Defendant.

 

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP, a California limited

partnership d/b/a VERIZON WIRELESS,

Plaintiff,

vs.

CARMEL-BY-THE-SEA,

Defendant.

Case No. 5:22-cv-347

COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTION;

REQUEST FOR EXPEDITED REVIEW UNDER 47 U.S.C. § 332(c)(7)(B)(v)

 

COUNT ONE

(Violation of 47 U.S.C. Sections 332(c)(7)(B)(ii))

Shot Clock Violation on Carmelo Application

 

COUNT TWO

(Breach of Settlement Agreement)

Carmelo Application

 

PRAYER FOR RELIEF

WHEREFORE, Verizon Wireless respectfully requests that this Court enter judgment

against the City as follows:

(i) For an Order and Judgment finding and declaring that the City failed to take final

action on the Carmelo Application “within a reasonable period of time”;

(ii) For an Order and Judgment finding and declaring that the City breached the

Settlement Agreement by failing to act on the Carmelo Application within the FCC shot clock

deadline, and therefore the Carmelo Application has been approved by operation of law;

(iii) For preliminary and permanent injunctive relief on all Counts directing the City to

grant Verizon Wireless any and all authorizations or approvals necessary to construct the Carmelo

Application;

(iv) For expedited review of the matters set forth in this complaint;

(v) For an order awarding Verizon Wireless the costs and disbursements incurred in

connection with this action pursuant to 28 U.S.C. § 1920, in addition to attorney’s fees incurred to

enforce the Settlement Agreement as specified in Count Two; and

(vi) Granting such other relief as this Court considers just and proper.

Dated: January 18, 2022

MACKENZIE & ALBRITTON LLP

 

GTE Mobilnet of California Limited Partnership v. Carmel by-the-Sea, City of

Plaintiff:	GTE Mobilnet of California Limited Partnership doing business as Verizon Wireless and GTE Mobilnet of California Limited Partnership a California limited partnership doing business as Verizon Wireless
Defendant:	Carmel by-the-Sea, City of
Intervenor Defendant:	Stop Cell Towers in Carmel Neighborhoods, Inc. and La Playa Carmel Hotel, LLC
Case Number:	5:2022cv00347
Filed:	January 18, 2022
Court:	US District Court for the Northern District of California
Presiding Judge:	Nathanael M Cousins
Nature of Suit:	Other Statutory Actions
Cause of Action:	28 U.S.C. § 1331 Fed. Question
Jury Demanded By:	None

 

5:22-cv-00347-NC GTE Mobilnet of California Limited Partnership v. Carmel by-the-Sea, City of
Nathanael M. Cousins, presiding
Date filed: 01/18/2022
Date of last filing: 03/31/2022

Documents

Doc. No.	Dates	Description
1	Filed & Entered:   01/18/2022	Complaint
2	Filed & Entered:   01/18/2022	Proposed Summons
3	Filed & Entered:   01/18/2022	Certificate of Interested Entities
5	Filed & Entered:   01/19/2022	Notice of Appearance
6	Filed & Entered:   01/20/2022	Initial Case Management Scheduling Order with ADR Deadlines
7	Filed & Entered:   01/20/2022	Summons Issued
8	Filed & Entered:   01/21/2022	Consent/Declination to Proceed Before a US Magistrate Judge
9	Filed & Entered:   01/28/2022	Summons Returned Executed
10	Filed & Entered:   02/17/2022 Terminated: 03/04/2022	Motion to Intervene
11	Filed & Entered:   02/17/2022	Motion to Dismiss
13	Filed & Entered:   02/18/2022	Notice (Other)
14	Filed & Entered:   02/24/2022	Notice of Appearance
15	Filed & Entered:   02/24/2022	Consent/Declination to Proceed Before a US Magistrate Judge
16	Filed & Entered:   02/24/2022	Consent/Declination to Proceed Before a US Magistrate Judge
17	Filed & Entered:   02/24/2022	Errata
18	Filed & Entered:   02/24/2022	Certificate of Interested Entities
19	Filed & Entered:   03/03/2022	Opposition/Response to Motion
20	Filed & Entered:   03/03/2022	Reply to Opposition/Response
21	Filed & Entered:   03/03/2022	Opposition/Response to Motion
22	Filed & Entered:   03/04/2022	Order on Motion to Intervene
23	Filed & Entered:   03/10/2022 Terminated: 03/14/2022	Motion for Joinder
24	Filed & Entered:   03/10/2022	Reply to Opposition/Response
25	Filed & Entered:   03/10/2022	Request for Judicial Notice
26	Filed & Entered:   03/10/2022	Reply to Opposition/Response
27	Filed & Entered:   03/10/2022	Response ( Non Motion )