Meyer v. T-Mobile USA, Inc

Filing 15

ORDER re 14 Status Report filed by T-Mobile USA, Inc, Set/Reset Deadlines as to 14 Status Report. Motion to compel arbitration due by 6/1/2011.Responses due by 7/1/2011. Replies due by 7/15/2011. Motion Hearing set for 7/29/2011 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer.. Signed by Judge Charles R. Breyer on 5/11/2011. (beS, COURT STAFF) (Filed on 5/12/2011)

Case3:10-cv-05858-CRB Document14

Filed05/10/11 Page1 of 4

1 Rosemary M. Rivas (SBN 209147)
[e-mail]
2 Mark Punzalan (SBN 247599)
[e-mail]
3
FINKELSTEIN THOMPSON LLP
4 100 Bush Street, Suite 1450
San Francisco, CA 94104
5 Telephone: [phone]
Facsimile: [phone]
6
7 Gordon M. Fauth, Jr. (SNB 190280)
[e-mail]
8 LITIGATION LAW GROUP
1801 Clement Avenue, Suite 101
9 Alameda, CA 94501
10 Telephone: [phone]
Facsimile: [phone]
11
Attorneys for Plaintiff Genevieve Meyer
12
Joseph E. Addiego III (SBN 169522)
13 [e-mail]
14 James C. Grant (admitted pro hac vice)
[e-mail]
15 DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
16 San Francisco, CA 94111-6533
17 Telephone: [phone]
Facsimile: [phone]
18
Attorneys for Defendant T-MOBILE USA, INC.
19
20

UNITED STATES DISTRICT COURT

21

NORTHERN DISTRICT OF CALIFORNIA

22 GENEVIEVE MEYER, an individual, on
23 behalf of herself and all others similarly
situated,
24
Plaintiff,
25
v.
26
T-MOBILE USA, INC., a Delaware
27 Corporation,
28

Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

Case No. CV 10-05858 CRB
JOINT STATUS REPORT AFTER
DECISION OF THE UNITED
STATES SUPREME COURT IN
AT&T MOBILITY LLC v. CONCEPCION
AND [PROPOSED] ORDER SETTING
SCHEDULE FOR BRIEFING AND
ARGUMENT ON MOTION TO
COMPEL ARBITRATION

JOINT STATUS REPORT AFTER THE SUPREME COURT’S DECISION IN
AT&T MOBILITY LLC v. CONCEPCION, No. CV 10-05858 CRB

Page 1

Case3:10-cv-05858-CRB Document14

Filed05/10/11 Page2 of 4

1

STATUS REPORT

2

On February 22, 2011, the parties filed a stipulation requesting that this action be

3 stayed until the United States Supreme Court issued its ruling in AT&T Mobility LLC v.
4 Concepcion (Dkt. No. 8). The Court accepted the stipulation, stayed all proceedings in this
5 case, and directed the parties to provide a status report within fourteen days of the Supreme
6 Court’s decision in Concepcion. The Supreme Court issued its decision in Concepcion on
7 April 27, 2011, reversing the prior decision of the Ninth Circuit and holding that the rule
8 announced in Discover Bank v. Superior Court, 36 Cal. 4th 148, 113 P. 3d 1100 (2005), is
9 preempted under the Federal Arbitration Act, 9 U.S.C. § 2, et seq. AT&T Mobility LLC v.
10 Concepcion, 2011 WL 1561956 (U.S. Apr. 27, 2011).

Counsel for the parties thereafter conferred. T-Mobile’s counsel indicated that

11

12 T-Mobile would move to compel arbitration of Plaintiff’s claims on an individual basis in light
13 of Concepcion. Plaintiff’s counsel responded that Plaintiff would oppose a motion to compel
14 arbitration. Plaintiff’s counsel would like additional time to brief the issues raised by
1
15 Concepcion. The parties discussed and agreed upon the following schedule for briefing and

16 argument on the motion to compel arbitration:
17

T-Mobile’s motion to compel arbitration to be filed by June 1, 2011;

18

Plaintiff’s opposition to the motion to be filed by July 1, 2011;

19

T-Mobile’s reply to be filed by July 15, 2011; and

20

Hearing on the motion scheduled for July 29, 2011 or another date chosen by the Court.

21 The parties jointly request that the Court approve this schedule.
22

DATED: May 10, 2011

DAVIS WRIGHT TREMAINE LLP

23

s/ James C. Grant
James C. Grant

24
25

Attorneys for Defendant T-Mobile USA, Inc.

26
27
28

1

Additionally, Plaintiff’s counsel with primary responsibility for the briefing will be on a family vacation
(planned six months ago) in June for two weeks.
JOINT STATUS REPORT AFTER THE SUPREME COURT’S DECISION IN
AT&T MOBILITY LLC v. CONCEPCION, No. CV 10-05858 CRB

Page 2

Case3:10-cv-05858-CRB Document14

1
2

DATED: May 10, 2011

Filed05/10/11 Page3 of 4

FINKELSTEIN THOMPSON LLP
s/ Mark Punzalan
Mark Punzalan

3
4

Attorneys for Plaintiff Genevieve Meyer

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STATUS REPORT AFTER THE SUPREME COURT’S DECISION IN
AT&T MOBILITY LLC v. CONCEPCION, No. CV 10-05858 CRB

Page 3

Case3:10-cv-05858-CRB Document14

Filed05/10/11 Page4 of 4

[PROPOSED] ORDER

1

Pursuant to the foregoing Joint Status Report and the parties’ agreement, IT IS

2

3 HEREBY ORDERED that the schedule for briefing and argument on Defendant T-Mobile’s
4 motion to compel arbitration shall be as follows:
5

T-Mobile’s motion to compel arbitration will be filed by June 1, 2011;

6

Plaintiff’s opposition to the motion will be filed by July 1, 2011;

7

T-Mobile’s reply will be filed by July 15, 2011; and

8

Hearing on the motion will be scheduled for July 29, 2011.

9 IT IS SO ORDERED.

17

ER

R NIA
FO

LI

J

H

16

RT

15

. Breyer

arles R
udge Ch

NO

14

Charles R. Breyer
DERED
United IT IS SO ORJudge
States District

A

13

UNIT
ED

12

May 11, 2011

S DISTRICT
TE
C
TA

RT
U
O

11 Dated:

S

10

N

F
D IS T IC T O
R

C

18
19
20
21
22
23
24
25
26
27
28
JOINT STATUS REPORT AFTER THE SUPREME COURT’S DECISION IN
AT&T MOBILITY LLC v. CONCEPCION, No. CV 10-05858 CRB

Page 4