Court Denies Goverments Motion to Dismiss

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U.S. District Court
California Northern DistrictNotice of Electronic FilingThe following transaction was received from vrwlc2, COURT STAFF entered on 7/20/2006 at 11:25 AM and filed on 7/20/2006 Case Name: Hepting et al v. AT&T Corp. et al Case Number: 3:06-cv-672Filer:Document Number: 308 Docket Text: ORDER by Chief Judge Vaughn R Walker denying [86] Motion to Dismiss, denying [124] Motion to Dismiss The court DENIES the government?s motion to dismiss, or in the alternative, for summary judgment on the basis of state secrets and DENIES AT&T?s motion to dismiss. The parties are ORDERED TO SHOW CAUSE in writing by July 31, 2006, why the court should not appoint an expert pursuant to FRE 706 to assist the court. The parties? briefs should also address whether this action should be stayed pending an appeal pursuant to 28 USC ? 1292(b). The parties are also instructed to appear on August 8, 2006, at 2 PM, for a further case management conference.(vrwlc2, COURT STAFF) (Filed on 7/20/2006)