Thelian v. AT&T Mobility LLC et al

Filing 47

ORDER by Judge Claudia WilkenGRANTING DEFENDANTS 32 RENEWED MOTION TO COMPEL ARBITRATION AND STAY ACTION. (ndr, COURT STAFF) (Filed on 7/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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KENNETH A. THELIAN, an individual, on
behalf of himself, the general public
and those similarly situated,
Plaintiff,
v.

No. C 10-3440 CW
ORDER GRANTING
DEFENDANTS’
RENEWED MOTION TO
COMPEL ARBITRATION
AND STAY ACTION
(Docket No. 32)

AT&T MOBILITY LLC; NEW CINGULAR WIRELESS
PCS LLC; and NEW CINGULAR WIRELESS
SERVICES, INC.,
Defendants.
_____________

___________________/

Defendants AT&T Mobility LLC, New Cingular Wireless PCS LLC,

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and New Cingular Wireless Services, Inc. (collectively, ATTM) have

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filed a renewed motion to compel arbitration Plaintiff Kenneth

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Thelian’s claims.1

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therefore waived the issue.

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motion to compel arbitration and stay the action.

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The case is stayed pending arbitration, which must be diligently

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pursued.2

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dismissal or disposition of this action, and, should further

Thelian did not oppose the motion and has
Accordingly, the Court GRANTS ATTM’s
(Docket No. 32)

Nothing contained in this order shall be considered a

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ATTM has also filed a renewed motion to compel arbitration
in the related case, McArdle v. AT&T Mobility LLC, No. 09-1117.
The motion was opposed in that case and will be decided separately
after oral argument.

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There appears to be no further reason at this time to
maintain the file as open for statistical purposes, and the Clerk
is instructed to submit a JS-6 Form to the Administrative Office.

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proceedings become necessary or desirable, any party may move to

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restore the case to the Court’s calendar.

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IT IS SO ORDERED.

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Dated: 7/3/2013
CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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