In Re: Apple iPhone 3G and 3GS MMS Marketing and Sales Practices Litigation

Filing 100

MOTION to Compel Arbitration as to Henri Friloux by Defendant AT&T Mobility LLC. Motion Hearing set for 10/14/2010 09:30 AM before Judge Carl Barbier. (Attachments: # 1 Proposed Order)(Reference: 2:10-cv-00501-CJB-JCW)(Parasharami, Archis)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE: APPLE iPHONE 3G AND 3GS MMS MDL NO. 2116 MARKETING AND SALES PRACTICES 2:09-md-2116 LITIGATION THIS DOCUMENT RELATES TO: Friloux v. Apple Inc., No. 10-cv-00501 (No. 09-cv-00618 (E.D. Tex.)) SECTION: J JUDGE BARBIER MAGISTRATE JUDGE WILKINSON

MOTION TO COMPEL ARBITRATION AND DISMISS CLAIMS PURSUANT TO THE FEDERAL ARBITRATION ACT Please take notice that on October 14, 2010, at 9:30 a.m., pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, Defendant AT&T Mobility LLC ("ATTM") will move and hereby does move this Court for an order compelling Plaintiff Henri Friloux to arbitrate his claims or pursue them in small claims court and dismissing his claims against ATTM. ATTM brings this motion on the ground that the Federal Arbitration Act requires Friloux to pursue his claims in accordance with his arbitration agreement. This motion is supported by the accompanying Memorandum of Points and Authorities (applicable to all motions to compel arbitration); the Declarations of Harry Bennett, Caroline Mahone-Gonzalez, Ramon L. Menendez, Darcy Pantano, Richard Pianka, Richard J. Rives,

Larry B. White, and Scott Williamson and all exhibits thereto; the accompanying proposed Order; any reply memorandum ATTM may file; and any oral argument ATTM may present. Respectfully submitted, MAYER BROWN LLP August 10, 2010 BY: /s/ Archis A. Parasharami Archis A. Parasharami Evan M. Tager MAYER BROWN LLP 1999 K Street NW Washington, DC 20006-1101 Kathleen Taylor Sooy Tracy A. Roman CROWELL & MORING LLP 1001 Pennsylvania Avenue NW Washington, DC 20004 Gary J. Russo JONES, WALKER, WAECHTER, POITEVENT, CARRER, DENEGRE LLP 600 Jefferson Street, Suite 1600 Lafayette, Louisiana 70501 Attorneys for Defendant AT&T Mobility LLC

CERTIFICATE OF SERVICE I hereby certify that on the 10th day of August, 2010, I served the foregoing by causing it to be filed with the Clerk of the Court by using the CM/ECF system, which will send a notice of electronic filing to case participants. /s/ Archis A. Parasharami Archis A. Parasharami