Assignment of Proceeding

Michel Peter Florio is the assigned Commissioner and ALJ Dorothy Duda is the assigned ALJ in this proceeding.

Findings of Fact

1. The complaint was filed March 10, 2006 and a decision was issued in 2007.

2. The only remaining issue is whether AT&T can pierce the corporate veil to collect the remuneration awarded in D.07-07-013.

3. Evidentiary hearings on the corporate veil piercing issue were scheduled for August 5-6, 2008.

4. Fones4All filed for bankruptcy, staying this proceeding and postponing the evidentiary hearings.

5. AT&T filed this motion to dismiss without prejudice on January 6, 2012.

6. This motion is unopposed.

7. This Commission has authority to dismiss a complaint case without prejudice where there is no public interest served by keeping the proceeding open.

8. The public interest is not served by keeping this proceeding open.

9. Allowing the corporate veil piercing issue to be addressed in only one proceeding will promote administrative efficiency.

Conclusions of Law

1. This case should be dismissed without prejudice.

2. In the event AT&T wishes to revive this case after the Fones4All bankruptcy proceeding is concluded, AT&T may do so by filing a petition to reopen.

3. In the event the petition to reopen described in the preceding Conclusion of Law is granted, the corporate veil piercing issue shall continue to be deemed timely upon the reopening of the case.

4. This decision should be effective immediately.

ORDER

IT IS ORDERED that:

1. Case 06-03-013 is dismissed without prejudice.

2. Case 06-03-013 closed.

This order is effective today.

Dated May 24, 2012, at San Francisco, California.

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