McArdle v. AT&T Mobility LLC et al

Filing 215

DISCOVERY ORDER re 214 Joint Discovery Letter Brief filed by AT&T Mobility LLC, New Cingular Wireless PCS LLC, New Cingular Wireless Services, Inc.. Signed by Judge Maria-Elena James on 12/21/2012. (cdnS, COURT STAFF) (Filed on 12/21/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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STEVEN MCARDLE, an individual, on
behalf of himself, the general public and those
similarly situated,

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Plaintiff,

No. C 09-1117 CW (MEJ)
ORDER RE: DISCOVERY DISPUTE
(DKT. NO. 214)

vs.

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AT&T MOBILITY LLC; NEW CINGULAR
WIRELESS PCS LLC; NEW CINGULAR
WIRELESS SERVICES, INC., and Does 1-50

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Defendants.
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The Court is in receipt of the parties’ joint discovery dispute letter, filed December 20, 2012.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Dkt. No. 214. Upon review of the parties’ letter, the Court hereby ORDERS Defendants to respond

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to Plaintiff’s discovery requests only as they relate to the validity of the arbitration agreement at

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issue in this case. Defendants need not respond to Plaintiff’s requests that relate to other

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agreements, disputes, arbitrations, and lawsuits relating to other customers. See Meyer v. T-Mobile

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USA Inc., 836 F. Supp. 2d 994, 1007 (N.D. Cal. 2011) (disallowing discovery where the requests

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focused not on the plaintiff’s arbitration agreement, but instead focused on all agreements, disputes,

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arbitrations and lawsuits relating to T–Mobile customers).

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Given that Judge Wilken only recently granted Plaintiffs leave to conduct limited discovery

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regarding matters relevant to generally applicable contract defenses, it does not appear that the

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parties have had the opportunity to meet and confer to determine whether they are able to agree on

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the scope of relevant discovery. Thus, if the parties are unable to fully resolve their dispute after

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issuance of this Order, the parties are ORDERED to meet and confer in person and thereafter file an

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updated joint letter (or letters), if necessary.

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IT IS SO ORDERED.

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Dated: December 21, 2012
_______________________________
Maria-Elena James
Chief United States Magistrate Judge