Bernal et al v. Burnett et al

Filing 62

ORDER for the Parties to Submit Briefs Regarding the Impact of AT&T Mobility LLC v. Concepcion, NO 09-893 (U.S. April 27, 2011), on Pending Motion to Compel Individual Arbitration. These supplemental briefs shall be filed no later than May 19, 2011. No response or reply briefs will be permitted. by Judge William J. Martinez on 5/6/2011. (erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 10–cv–01917–WJM–KMT
KRYSTLE BERNAL, and
AMANDA KROL, on behalf of themselves and all similarly situated individuals,
Plaintiffs,
v.
GEORGE BURNETT, an individual,
WILLIAM OJILE, an individual,
ALTA COLLEGES, INC., a Delaware corporation,
WESTWOOD COLLEGE, INC., a Colorado corporation,
TRAV CORPORATION, a Colorado corporation d/b/a Westwood College and
Westwood College Online,
GRANT CORPORATION, a Colorado corporation d/b/a Westwood College,
WESGRAY CORPORATION, a Colorado corporation d/b/a Westwood College,
EL NELL, INC., a Colorado corporation d/b/a Westwood College,
PARIS MANAGEMENT COMPANY, a Delaware corporation d/b/a Redstone College,
ELBERT, INC., a Colorado corporation d/b/a Westwood College, and
BOUNTY ISLAND CORPORATION, a Delaware corporation formerly d/b/a Redstone
College,
Defendants.

ORDER FOR PARTIES TO SUBMIT BRIEFS REGARDING THE IMPACT OF AT&T
MOBILITY LLC V. CONCEPCION, NO. 09-893 (U.S. April 27, 2011), ON PENDING
MOTION TO COMPEL INDIVIDUAL ARBITRATION

On August 24, 2010, Defendants filed a Motion to Compel Individual Arbitration
asking the Court to compel each Plaintiff to individual arbitration based on the arbitration
clause contained in the Plaintiffs’ enrollment documents. (ECF No. 15.) The Motion to
Compel Individual Arbitration is set for oral argument on May 24, 2011. (ECF No. 59.)

On April 27, 2011, the United States Supreme Court decided AT&T Mobility LLC

v. Concepcíon, No. 09-893 (U.S. April 27, 2011) holding that the Federal Arbitration Act
preempted California’s judicially-created rule regarding the unconscionability of class
arbitration waivers in consumer contracts. Having reviewed Defendants’ Motion to
Compel Individual Arbitration and the subsequent filings submitted by both parties, the
Court finds that the Concepcíon decision may impact resolution of this Motion.
Accordingly, the parties are ORDERED to submit simultaneous briefs on
Concepcíon’s impact on the issues raised by Defendants’ Motion to Compel Individual
Arbitration. These supplemental briefs shall be filed no later than May 19, 2011. No
response or reply briefs will be permitted.
Dated this 6th day of May, 2011.
BY THE COURT:

William J. Martínez
United States District Judge

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