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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1 UNITED STATES DISTRICT COURT 2 Northern District of California 3 4 5 STEVEN MCARDLE, an individual, on behalf of himself, the general public and those similarly situated, 6 7 8 Plaintiff, No. C 09-1117 CW (MEJ) ORDER RE: DISCOVERY DISPUTE (DKT. NO. 214) vs. 9 AT&T MOBILITY LLC; NEW CINGULAR WIRELESS PCS LLC; NEW CINGULAR WIRELESS SERVICES, INC., and Does 1-50 10 Defendants. _____________________________________/ The Court is in receipt of the parties’ joint discovery dispute letter, filed December 20, 2012. 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Dkt. No. 214. Upon review of the parties’ letter, the Court hereby ORDERS Defendants to respond 13 to Plaintiff’s discovery requests only as they relate to the validity of the arbitration agreement at 14 issue in this case. Defendants need not respond to Plaintiff’s requests that relate to other 15 agreements, disputes, arbitrations, and lawsuits relating to other customers. See Meyer v. T-Mobile 16 USA Inc., 836 F. Supp. 2d 994, 1007 (N.D. Cal. 2011) (disallowing discovery where the requests 17 focused not on the plaintiff’s arbitration agreement, but instead focused on all agreements, disputes, 18 arbitrations and lawsuits relating to T–Mobile customers). 19 Given that Judge Wilken only recently granted Plaintiffs leave to conduct limited discovery 20 regarding matters relevant to generally applicable contract defenses, it does not appear that the 21 parties have had the opportunity to meet and confer to determine whether they are able to agree on 22 the scope of relevant discovery. Thus, if the parties are unable to fully resolve their dispute after 23 issuance of this Order, the parties are ORDERED to meet and confer in person and thereafter file an 24 updated joint letter (or letters), if necessary. 25 IT IS SO ORDERED. 26 27 28 Dated: December 21, 2012 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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