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

Filing 242

MOTION to Compel Arbitration as to Clyde Bernard Franklin by Defendant AT&T Mobility LLC. Motion set for 1/12/2012 02:00 PM before Judge Carl Barbier. (Attachments: # 1 Proposed Order, # 2 Notice of Submission)(Reference: 10-cv-00018)(Parasharami, Archis) Modified on 10/24/2011 (gec, ).

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

MDL NO. 2116

THIS DOCUMENT RELATES TO:

SECTION: J

Franklin v. Apple Inc., No. 10-cv-00018
(No. 09-cv-00704 (S.D. Ala.))

JUDGE BARBIER

2:09-md-2116

MAGISTRATE JUDGE WILKINSON

MOTION TO COMPEL ARBITRATION AND DISMISS CLAIMS
PURSUANT TO THE FEDERAL ARBITRATION ACT
Please take notice that on January 12, 2012, at 2:00 p.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 to compel Plaintiff Clyde Bernard Franklin to arbitrate his disputes,
and to dismiss his claims against ATTM. ATTM brings this motion on the ground that the
Federal Arbitration Act requires Franklin 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, Steven
Bethel, Roger Dicke, Stacie Dobbs, 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
October 20, 2011

BY: /s/ Archis A. Parasharami
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]
Kathleen Taylor Sooy
[e-mail]
Tracy A. Roman
[e-mail]
CROWELL & MORING LLP
1001 Pennsylvania Avenue NW
Washington, DC 20004
Telephone: [phone]
Facsimile: [phone]
Gary J. Russo
[e-mail]
JONES, WALKER, WAECHTER,
POITEVENT, CARRER, DENEGRE LLP
600 Jefferson Street, Suite 1600
Lafayette, Louisiana 70501
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant AT&T Mobility LLC

CERTIFICATE OF SERVICE
I hereby certify that on the 20th day of October, 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/ Archis A. Parasharami
Archis A. Parasharami