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State of N.Y. ex rel. Phone Admin. Servs., Inc. v. Verizon N.Y., Inc.

Court Grants Leave to Amend Complaint in 911 Telephone Surcharge Case

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The following e-filed documents, listed by NYSCEF document number (Motion 021) 289, 290, 291, 292, 293, 294, 295, 298, 299 were read on this motion to/for AMEND CAPTION/PLEADINGS. DECISION + ORDER ON MOTION Plaintiff State of New York ex rel. Phone Administrative Services, Inc. (“Plaintiff”) has moved pursuant to CPLR 3025(b) to amend its fourth amended complaint to add new defendants, Bandwidth Inc., Cablevision Lightpath, LLC, NY OV, LLC, and CSC Holdings, LLC. Defendants do not oppose the motion. BACKGROUND Plaintiff brought this qui tam action on behalf of the State of New York against a number of telecommunications entities which Plaintiff alleges engaged in a pattern of failing to assess surcharge fees on 911 emergency calls which the State of New York uses to fund the 911 emergency telephone service. The fourth amended complaint alleges that Defendants used “arbitrary” counting methods to reduce the fee amounts in order to give themselves a competitive advantage and submitted false reports to New York municipalities in violation of the False Claims Act (NYSCEF Doc. No. 177,

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