Assignment of Proceeding

Timothy Alan Simon is the assigned Commissioner and Jacqueline A. Reed is the assigned ALJ in this proceeding.

1. This matter has been pending for many years but has been unable to proceed due to Fones4All having filed a voluntary petition for protection under Chapter 7 of the United States Bankruptcy Code.

2. Complainant XO does not object to dismissal of this matter without prejudice to a future refiling subsequent to the resolution of Fones4All's bankruptcy petition.

It is reasonable to dismiss this matter without prejudice to a future refiling if and when the resolution of Fones4All's bankruptcy proceeding would allow this matter to go forward and if XO believes a valid claim remains and resolution by this Commission is appropriate.

Therefore IT IS ORDERED that Case 08-06-018 is dismissed.

This order is effective today.

Dated January 12, 2012, at San Francisco, California.

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