Stiener et al v. Apple, Inc. et al

Filing 38

MOTION to Compel Arbitration and to Dismiss Claims Pursuant to the Federal Arbitration Act filed by AT&T Mobility LLC. Motion Hearing set for 2/26/2008 01:00 PM in Courtroom 2, 4th Floor, Oakland. (Falk, Donald) (Filed on 11/21/2007)

Stiener et al v. Apple, Inc. et al

Doc. 38

Case 4:07-cv-04486-SBA

Document 38

Filed 11/21/2007

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DONALD M. FALK (SBN 150256) [e-mail] RENA CHNG (SBN 209665) [e-mail] MAYER BROWN LLP Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] -andVICTORIA R. COLLADO (pro hac vice) [e-mail] SARAH E. REYNOLDS (pro hac vice) [e-mail] MAYER BROWN LLP 71 South Wacker Drive Chicago, IL 60606 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant AT&T MOBILITY LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ZOLTAN STIENER and YNEZ STIENER, Plaintiffs, v. APPLE COMPUTER, INC., AT&T MOBILITY, LLC, and DOES 1 through 50, inclusive, Defendants. Case No.: C 07-04486 SBA NOTICE OF MOTION AND MOTION OF AT&T MOBILITY LLC TO COMPEL ARBITRATION AND TO DISMISS CLAIMS PURSUANT TO THE FEDERAL ARBITRATION ACT Date: Time: Ctrm: Judge: February 26, 2008 1:00 p.m. 400 Honorable Saundra B. Armstrong

DEFENDANT'S MOTION TO COMPEL ARBITRATION AND DISMISS CASE NO: C 07-04486 SBA

Dockets.Justia.com

Case 4:07-cv-04486-SBA

Document 38

Filed 11/21/2007

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NOTICE OF MOTION AND MOTION TO PLAINTIFFS AND THEIR COUNSELS OF RECORD: PLEASE TAKE NOTICE that on February 26, 2008, at 1:00 p.m., in the United States District Court for the Northern District of California, located at 1301 Clay Street, Oakland, California, or as soon as thereafter as this matter may be heard, defendant AT&T Mobility LLC (hereinafter "ATTM"), will move and hereby does move for an order (1) compelling plaintiffs to arbitrate their claims against ATTM pursuant to 9 U.S.C. § 4; and (2) dismissing plaintiffs' claims. ATTM brings this motion on the ground the Federal Arbitration Act, 9 U.S.C. §§ 1­16, requires plaintiffs to pursue their claims in accordance with their arbitration agreements. This motion is supported by the Memorandum of Points and Authorities, the Declarations of Neal S. Berinhout, Richard A. Nagareda, and Victoria R. Collado, and all exhibits thereto, and the [Proposed] Order filed concurrently herewith.

DATED: November 21, 2007

MAYER BROWN LLP By: /s/ Donald M. Falk_____ Donald M. Falk Attorneys for Defendant AT&T MOBILITY LLC

DEFENDANT'S MOTION TO COMPEL ARBITRATION AND DISMISS CASE NO: C 07-04486 SBA

Case 4:07-cv-04486-SBA

Document 38

Filed 11/21/2007

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PROOF OF SERVICE I am employed in Santa Clara County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is Two Palo Alto Square, Suite 300, Palo Alto, California 94306-2112. On November 21, 2007, I served the foregoing document(s) described as NOTICE OF MOTION AND MOTION OF AT&T MOBILITY LLC TO COMPEL ARBITRATION AND TO DISMISS CLAIMS PURSUANT TO THE FEDERAL ARBITRATION ACT

on each interested party, as follows: by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Palo Alto, California addressed as set forth below. by placing the document(s) listed above in a sealed facsimile & U.S. Mail envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a facsimile & U.S. Mail agent for delivery. by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. Max Flokenflik Folkenflik & McGerity 1500 Broadway, 21st Floor New York, NY 10036 VIA U.S. MAIL

H. Tim Hoffman Hoffman & Lazear 180 Grand Avenue, Suite 1550 Oakland, CA 94612 510-763-5700 VIA HAND DELIVERY

I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on November 21, 2007, at Palo Alto, California.

/s/ Meghan C. Samora Meghan C. Samora

DEFENDANT'S MOTION TO COMPEL ARBITRATION AND DISMISS CASE NO: C 07-04486 SBA