IV. Defendants' Motions to Dismiss

After setting the due date for the Amended Complaint at the January 30 TRO hearing, the assigned ALJ directed the defendants to inform him by March 7, 2003 whether they would be filing answers or motions to dismiss with respect to the new pleading.

On March 7, SBC ASI, SBC California and VADI all informed the ALJ that they would move to dismiss. In a March 18, 2003 ruling, the ALJ directed the defendants to file their motions (as well as answers to the Amended Complaint) no later than March 28, 2003; complainants were directed to file any response by April 18, 2003.¹⁴

All of the defendants filed timely motions to dismiss, and complainants filed a timely response on April 18. The ALJ also granted VADI leave to file a reply to complainants' response, which VADI submitted on April 25, 2003.

Because the defendants' arguments seeking dismissal are at times lengthy and complex, they are considered where appropriate in the Discussion section of this decision, which follows.