Hendricks v. AT&T Mobility LLC

Filing 37

RESPONSE (re 35 MOTION to Compel Arbitration and To Stay Case ) Plaintiff's Memorandum of Law in Opposition to AT&T Mobility LLC's Motion to Compel Arbitration and to Stay Case filed byPatrick Hendricks. (Attachments: # 1 Declaration of Scott A. Bursor, # 2 Declaration of L. Timothy Fisher, # 3 Declaration of Plaintiff Patrick Hendricks, # 4 Declaration of Colin B. Weir)(Westcot, Sarah) (Filed on 8/8/2011)

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BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
369 Lexington Avenue, 10th Floor
New York, NY 10017
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
BURSOR & FISHER, P.A.
L. Timothy Fisher (State Bar No. 191626)
Sarah N. Westcot (State Bar No. 264916)
2121 North California Blvd., Suite 1010
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]

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THORNTON, DAVIS & FEIN, P.A.
Barry L. Davis (pro hac vice)
Daniel R. Lever (pro hac vice)
Aaron P. Davis (pro hac vice)
80 SW Eighth Street, 29th Floor
Miami, Florida 33130
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PATRICK HENDRICKS, on behalf of himself
and all others similarly situated,

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Plaintiff,
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Case No. C11-00409 CRB
DECLARATION OF PLAINTIFF PATRICK
HENDRICKS IN OPPOSITION TO AT&T
MOBILITY LLC’S MOTION TO COMPEL
ARBITRATION AND TO STAY CASE

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

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AT&T MOBILITY LLC,
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Hon. Charles R. Breyer
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Defendant.
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DECLARATION OF PATRICK HENDRICKS IN OPPOSITION TO AT&T MOBILITY LLC’S MOTION
TO COMPEL ARBITRATION AND TO STAY CASE
C11-00409 CRB

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I, Patrick Hendricks, declare:

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I am the plaintiff in this action. I have personal knowledge of the facts set forth in

this declaration, and, if called as a witness, could and would competently testify thereto under oath.

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2.

I currently work as Adjunct Faculty at Contra Costa Community College District

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and Online Faculty at Columbia College in Missouri. I make less than $100,000 per year but more

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than $33,000.

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3.

In this action, I allege that AT&T’s bills systematically overstate data usage, which

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caused me to incur a $15 charge for excess data usage on my November 2010 bill. I seek to

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recover that $15 and an injunction requiring AT&T to cease the improper billing of data usage.

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4.

I understand that the rules of the American Arbitration Association would require

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me to pay a filing fee of $3,350 and an additional administrative fee of $1,250 before the first

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hearing in an individual arbitration. It would be a significant economic hardship for me to pay

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those fees. It would also be irrational for me to pay $4,600 to get a hearing on a dispute over a $15

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charge. That is something I just won’t do.

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5.

I understand that it would cost approximately $290,524.11 to pay expert witness

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costs, arbitrator compensation, and administrative fees to pursue my claims in an individual

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arbitration administered by the American Arbitration Association. I could not possibly afford to

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pay those costs as they far exceed my annual income. Nor would it make sense for me to pay those

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costs to seek a $15 recovery on my individual claim.

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I also understand that it would cost approximately $1.1 million in attorneys’ fees

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plus an additional $40,000 in attorneys’ expenses to pursue my claims in an individual arbitration.

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I could not possibly afford to pay those fees and costs nor would it make sense for me to do so

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since my individual claim is worth only $15.

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7.

If I cannot pursue my claims as part of a class action, I will not be able to pursue

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them at all because the costs of an individual arbitration are too high.

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DECLARATION OF PATRICK HENDRICKS IN OPPOSITION TO AT&T MOBILITY LLC’S MOTION
TO COMPEL ARBITRATION AND TO STAY CASE
C11-00409 CRB

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