Hendricks v. AT&T Mobility LLC

Filing 35

MOTION to Compel Arbitration and To Stay Case filed by AT&T Mobility LLC. Motion Hearing set for 9/23/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer. Responses due by 7/21/2011. Replies due by 7/28/2011. (Attachments: # 1 Affidavit Lilian L. Chan, # 2 Affidavit Chenell Cummings (Part 1 of 2), # 3 Affidavit Chenell Cummings (Part 2 of 2), # 4 Affidavit Adam Gill, # 5 Affidavit Senthil Kumar, # 6 Affidavit Romi Manchanda, # 7 Affidavit Theodore Weiman, # 8 Proposed Order)(Nadolenco, John) (Filed on 7/7/2011)

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Donald M. Falk (CA Bar No. 150256)
[e-mail]
MAYER BROWN LLP
Two Palo Alto Square, Suite 300
3000 El Camino Real
Palo Alto, CA 94306-2112
Telephone: [phone]
Facsimile: [phone]
John Nadolenco (CA Bar No. 181128)
[e-mail]
Lisa W. Cornehl (State Bar No. 232733)
[e-mail]
MAYER BROWN LLP
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
AT&T Mobility LLC

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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Case No. CV 11-00409-CRB
PATRICK HENDRICKS, on behalf of himself
and all others similarly situated,
Plaintiff,

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DECLARATION OF LILIAN L. CHAN
IN SUPPORT OF DEFENDANT AT&T
MOBILITY LLC’S MOTION TO
COMPEL ARBITRATION AND TO
STAY CASE

vs.
AT&T MOBILITY, LLC,

Date: September 23, 2011
Time: 10:00 a.m.
Courtroom 8

Defendant.
Honorable Charles R. Breyer

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DECLARATION OF LILIAN L. CHAN IN SUPPORT OF DEFENDANT ATTM’S
MOTION TO COMPEL ARBITRATION; CASE NO. CV 11-00409-CRB

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I, Lilian L. Chan, hereby declare as follows:

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1.

The following facts are of my own personal knowledge, and if called as a witness

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I could and would testify competently as to their truth.
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2.

I am currently employed by AT&T Services, Inc. as a Senior Technical Manager.

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Since 2003, I have supported the sales of wireless services. I am familiar with the website,
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http://www.cingularwelcomekit.com, as it appeared to me in 2005.
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3.

In 2005, in the course of my work relating to telephonic orders for wireless

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service

and

cellular

phones,

I

regularly

accessed

the

web

site

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http://www.cingularwelcomekit.com to review customers’ Cingular Welcome Kits, which were
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generated for customers who placed such telephonic orders. Based on my experience and
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recollection of how the web site functioned, a customer accessing the web site in 2005 would
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have been asked to enter a telephone number and zip code connected with his or her account and
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would have been informed that his or her customized Cingular Welcome Kit could be viewed by
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clicking a button labeled “search.” Ordinarily, upon clicking the “search” button, a customer
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would have been presented with a PDF containing a current Cingular Welcome Kit for that
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customer. Based on my recollection of how the web site operated, each Cingular Welcome Kit
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remained available on the site for approximately 30 days after the relevant phone purchase.
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4.

On February 24, 2011, I visited the Internet Archive website (http://

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www.archive.org)

and

searched

for

an

archived

version

of

the

web

site

at

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http://www.cingularwelcomekit.com. I selected the result for May 25, 2005. To the best of my
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knowledge and recollection, the web page displayed at that link is identical in relevant respects
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to the web page displayed at http://www.cingularwelcomekit.com in June 2005. A true and
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correct

printout

of

that

web

page

(http://web.archive.org/web/20050523015142/www.

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cingularwelcomekit.com/CTNSearch_WK.asp) is attached as Exhibit 1.
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DECLARATION OF LILIAN L. CHAN IN SUPPORT OF DEFENDANT ATTM’S
MOTION TO COMPEL ARBITRATION; CASE NO. CV 11-00409-CRB

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I declare under penalty of perjury that the foregoing is true and correct. Executed on
February

{izott,at S&n LeanAw(k

J

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Lilian L. Chan

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DECLARATION OF LILIAN L. CHAN IN SUPPORT OF DEFENDANT ATTM'S
MOTION TO COMPEL ARBITRATION; CASE NO. CV 1 1-00409-CRB

Exhibit 1

Cingular Customer CTN Search

Page 1 of 1

Welcome To Cingular Wireless
View your customized Welcome Kit online in 3 Easy Steps.

Enter a phone number, a zip code and click Search to
view your contract, rate plan details, coverage map,
terms of service and any applicable rebates and special
offers. You must enter a phone number and a zip code
in order to view your Welcome Kit.
Step Enter your Mobile Phone Number if
you have it. Otherwise, enter your
1:
work or home phone number

-

-

Step Enter your billing or shipping zip
2:
code - 5 digits only
Step Click 'Search' to view your Cingular
3:
Welcome Kit

SEARCH

You will need
To track your order shipment, please login to:

Adobe Acrobat

https://www.cingular.com/order_status/order_status

Reader to view
your Welcome Kit

2/24/2011