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					     FILE NO. 101608                                ORDINANCE NO.          3;;2.-1/
 1   [Settlement of Lawsuit - AboveNet Communications, Inc. - $183,479.00]

 2
 3   Ordinance authorizing settlement of the lawsuit filed by AboveNet Communications,

4    Inc., formerly known as Metromedia Fiber Network Services, Inc., a Delaware

 5   corporation, against the City and County of San Francisco for $183,479.00; the lawsuit

6    was filed on December 10,2007 in Sacramento Superior Court, Case No. 34-2007-

 7   00882854; entitled Metromedia Fiber Network Services, Inc., a Delaware corporation, v.

 8   City and County of San Francisco, et al.; the complaint was amended on August 20,

 9   2009 to correct the plaintiffs name to AboveNet Communications, Inc.

10         Be it ordained by the People of the City and County of San Francisco:

11         Section 1. The City Attorney is hereby authorized to settle the action entitled

12   "AboveNet Communications, Inc. v. City and County of San Francisco, et al.," Sacramento

13   Superior Court, Court No. 34-2007-00882854 by the payment of $183,479.00.
14         Section 2. The above-named action was filed in Sacramento Superior Court on

15   December 10, 2007, and the following parties were named in the lawsuit: Plaintiff Metromedia

16   Fiber Network Services, Inc.; Defendants California State Board of Equalization, County of
17   Alameda, County of Contra Costa, County of Los Angeles, County of Marin,

18   III

19   11/

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     OFFICE OF THE CITY ATTORNEY
     BOARD OF SUPERVISORS                                                                          Page 1
                                                                                                9/29/2010
                                                                        N:\Tax\L12010\080693\00636159.doc
 1   County of Orange, County of Placer, County of Sacramento, County of San Diego, City and

 2   County of San Francisco, County of San Mateo, County of Santa Clara, and County of

 3   Solano.

4
 5   APPROVED AS TO FORM AND                       RECOMMENDED:
     RECOMMENDED:
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     DENNIS J. HERRERA                            ASSESSOR-RECORDER
 7   City Attorney
 8   See File for Signature                        See File for Signature
     JULIE VAN NOSTERN                             PHIL TING
 9   Chief Tax Attorney                            ASSESSOR-RECORDER

10   FUNDS AVAILABLE:
11
     See File for Signature
12   BEN ROSENFIELD
     Controller
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     OFFICE OF THE CITY ATIORNEY
     BOARD OF SUPERVISORS                                                                      Page 2
                                                                                            9/29/2010
                                                                    N:\Tax\L12010\080693\00636159.doc
                                          City and County of San Francisco                               City Hall
                                                                                             1 Dr. Carlton B. Goodlett Place
                                                       Tails                                 San Francisco, CA 94102-4689

                                                        Ordinance

           File Number:           101608                               Date Passed:     March 08, 2011

          Ordinance authorizing settlement of the lawsuit filed by AboveNet Communications, Inc., formerly
          known as Metromedia Fiber Network Services, Inc., a Delaware corporation, against the City and
          County of San Francisco for $183,479.00; the lawsuit was filed on December 10, 2007, in Sacramento
          Superior Court, Case No. 34-2007-00882854; entitled Metromedia Fiber Network Services, Inc., a
          Delaware corporation, v. City and County of San Francisco, et al.; the complaint was amended on
          August 20, 2009, to correct the plaintiff's name to AboveNet Communications, Inc.


                      February 17,2011 Rules Committee - RECOMMENDED..


                      March 01, 2011 Board of Supervisors - PASSED, ON FIRST READING
                                  Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar,
                                  Mirkarimi and Wiener

                      March 08, 2011 Board of Supervisors - FINALLY PASSED
                                  Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar,
                                  Mirkarimi and Wiener


                        File No. 101608                             I hereby certify that the foregoing
                                                                    Ordinance was FINALLY PASSED on
                                                                    3/8/2011 by the Board of Supervisors of the
                                                                    City and County of San Francisco.




                                                                                Angela Calvillo
                                                                              CI~rk of the
                                                                                         Board




                                                                                 Date Approved




City and County ofSan Francisco                             Pagel                               Printed at 10:20 am on 3/9/11

				
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