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

Filing 221

NOTICE by Defendant AT&T Mobility LLC of U.S. Supreme Court Decision in AT&T Mobility LLC v. Concepcion. (Attachments: # 1 Exhibit A)(Reference: 2:09-md-2116)(Sooy, Kathleen)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
IN RE: APPLE iPHONE 3G AND 3GS MMS
MARKETING AND SALES PRACTICES
LITIGATION

MDL NO. 2116
2:09-md-2116
SECTION: J

THIS DOCUMENT RELATES TO ALL
CASES

JUDGE BARBIER
MAGISTRATE JUDGE WILKINSON

AT&T MOBILITY LLC’S NOTICE OF U.S. SUPREME COURT
DECISION IN AT&T MOBILITY LLC V. CONCEPCION
On November 17, 2010, the Court stayed all proceedings in these consolidated cases
pending the decision of the United States Supreme Court in AT&T Mobility LLC v. Concepcion,
No. 09-893. See Order, Dkt. No. 206.
The decision in Concepcion, 563 U.S. __, 131 S. Ct. 1740 (2011), has now been issued
(attached as Exhibit A). In Concepcion, the Supreme Court held that the Federal Arbitration Act
preempts a state-law rule conditioning the enforceability of certain arbitration agreements on the
availability of classwide arbitration. The ATTM arbitration provision in Concepcion is
materially equivalent to the ATTM arbitration provisions in these consolidated cases.
Respectfully submitted,

/s/ Kathleen Taylor Sooy
Kathleen Taylor Sooy
[e-mail]
Tracy A. Roman
[e-mail]

CROWELL & MORING LLP
1001 Pennsylvania Avenue, N.W.
Washington, DC 20004-2595
Telephone: [phone]
Facsimile: [phone]
Archis A. Parasharami
[e-mail]
Evan M. Tager
[e-mail]
MAYER BROWN LLP
1999 K Street NW
Washington, DC 20006-1101
Telephone: [phone]
Facsimile: [phone]
Gary J. Russo
JONES, WALKER, WAECHTER, POITEVENT,
CARRER, DENEGRE LLP
600 Jefferson Street, Suite 1600
Lafayette, Louisiana 70501
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Attorneys for Defendant AT&T Mobility LLC

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CERTIFICATE OF SERVICE
I hereby certify that on the 27th day of May, 2011, 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/ Kathleen Taylor Sooy
Kathleen Taylor Sooy

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