Stiener et al v. Apple, Inc. et al

Filing 41

Declaration of Victoria R. Collado in Support of 38 MOTION to Compel Arbitration and to Dismiss Claims Pursuant to the Federal Arbitration Act filed byAT&T Mobility LLC. (Attachments: # 1 Exhibit Exhibit 1)(Related document(s) 38 ) (Falk, Donald) (Filed on 11/21/2007)

Stiener et al v. Apple, Inc. et al

Doc. 41

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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. DECLARATION OF VICTORIA R. COLLADO IN SUPPORT OF DEFENDANT AT&T MOBILITY, LLC'S MOTION TO COMPEL ARBITRATION AND TO DISMISS CLAIMS PURSUANT TO THE FEDERAL ARBITRATION ACT Case No.: C 07-04486 SBA

I, Victoria R. Collado, do hereby declare: 1. I am counsel with the law firm of Mayer Brown LLP, and I am one of the attorneys

25 representing defendant AT&T Mobility, LLC ("ATTM") in this action. I have personal knowl26 edge of the matters stated herein, and, if called upon, I could and would testify thereto. I submit 27 this declaration in support of ATTM's Motion to Compel Arbitration and to Dismiss Claims 28 Pursuant to the Federal Arbitration Act.
DECLARATION OF VICTORIA R. COLLADO IN SUPPORT OF AT&T MOBILITY'S MOTION TO COMPEL ARBITRATION AND DISMISS CLAIMS CASE NO. C Dockets.Justia.com 07-04486 SBA

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2. On October 16, 2007, I called plaintiffs' counsel, Max Folkenflik, Esq., and discussed

2 the plaintiffs' service agreement with ATTM, which includes an obligation to pursue claims in 3 arbitration or small claims court. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-2DECLARATION OF VICTORIA R. COLLADO IN SUPPORT OF AT&T MOBILITY'S MOTION TO STAY OBLIGATIONS UNDER COURT'S INITIAL SCHEDULING ORDER CASE NO. C 07-04486 SBA

3. On October 18, 2007, I received a letter from plaintiffs' counsel that indicated that plaintiffs would not arbitrate their claims. A copy of that letter is attached hereto as Exhibit 1.

I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. Executed on November 21, 2007 at Chicago, Illinois. /s/ Victoria R. Collado_____ Victoria R. Collado Filer's Attestation: Pursuant to General Order No. 45, Section X(B), Donald Falk hereby attests that the signtory's concurrence in the filing of this document has been obtained.