Trujillo v. Apple Computer, Inc. et al

Filing 135

STATUS Report by AT&T Mobility, LLC (Reynolds, Sarah)

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Trujillo v. Apple Computer, Inc. et al Doc. 135 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JOSE TRUJILLO, individually and on behalf of all others similarly situated, Plaintiff, v. APPLE COMPUTER, INC., a California Corporation, and AT&T MOBILITY LLC, a Georgia Corporation, Defendants. No. 07 CV 04946 Judge Kennelly Mag. Judge Ashman DEFENDANT AT&T MOBILITY LLC'S STATUS REPORT Defendant AT&T Mobility LLC ("ATTM") respectfully submits this Status Report to the Court in accordance with the Court's instructions during the proceedings of September 29, 2008. During the hearing on September 29, counsel for ATTM stated that ATTM was not going to appeal the Court's order denying the motion to compel arbitration, but could potentially invoke arbitration in opposition to any motion for class certification. The Court asked ATTM to explain in writing how the issue of arbitrability might be implicated at the class certification stage. On further reflection, ATTM has decided not to raise arbitration in opposition to class certification. Accordingly, ATTM will not include arbitration as an affirmative defense in any responsive pleading it files in this case.1 1 Of course, ATTM does not waive its right to raise arbitration as a defense in any other litigation. Dated: October 8, 2008 Respectfully submitted, /s/ Sarah E. Reynolds Victoria Collado (#6204015) Sarah E. Reynolds (#6287186) MAYER BROWN LLP 71 South Wacker Drive Chicago, IL 60606 Tel: (312) 782-0600 Fax: (312) 263-7711 Evan M. Tager (pro hac vice) Archis A. Parasharami (generally admitted to N.D. Ill. bar) Kevin Ranlett (pro hac vice) MAYER BROWN LLP 1909 K Street, N.W. Washington, DC 20006 Tel: (202) 263-3000 Fax: (202) 263-5000 Attorneys for Defendant AT&T Mobility LLC 2 CERTIFICATE OF SERVICE I, Sarah E. Reynolds, an attorney, I hereby certify that on October 8, 2008, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: James R. Rowe THE LAW FIRM OF JAMES R. ROWE & ASSOCIATES 205 West Randolph, Suite 1430 Chicago, IL 60603 (312) 345-1357 Larry D. Drury LARRY D. DRURY, LTD. 205 West Randolph, Suite 1430 Chicago, IL 60603 (312) 346-7950 Patrick T. Stanton DYKEMA GOSSETT, PLLC 180 North LaSalle Street, Suite 2700 Chicago, Illinois 60601 Penelope A. Preovolos Johanna W. Roberts MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105 Respectfully submitted, /s/Sarah E. Reynolds Dated: October 8, 2008 Attorney for Defendant AT&T Mobility LLC

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