Koschitzki v. Apple Inc. et al

Filing 16

MOTION to Compel Arbitration and Dismiss Claims by AT&T Inc.. (Greenblatt, Steven)

Koschitzki v. Apple Inc. et al

Doc. 16

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK AVI KOSCHITZKI, on Behalf of Himself and all Others Similarly Situated, Plaintiff, v. APPLE INC. and AT&T MOBILITY LLC, Defendants. NOTICE OF MOTION AND MOTION OF AT&T MOBILITY LLC TO COMPEL ARBITRATION AND DISMISS CLAIMS TO: ALL PARTIES IN INTEREST: PLEASE TAKE NOTICE THAT, Defendant AT&T Mobility LLC ("ATTM") will respectfully move this court, before the Honorable Jack B. Weinstein, Senior United States District Judge, Eastern District of New York, at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, on a date and time to be determined by the parties in accordance with the Court's schedule, pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1­16, for an order (i) compelling plaintiff Avi Koschitzki to pursue his claims in arbitration or small claims court and (ii) dismissing all claims against ATTM. In support of this Motion, ATTM relies upon its supporting Memorandum of Law and the Declarations of Adam Gill, Caroline MahoneGonzalez, TJ Terry, Richard A. Nagareda, Harry Bennett, and Theodore Weiman, and the exhibits thereto, all of which are being filed concurrently herewith. Dated: November 24, 2008 Respectfully submitted, /s Steven D. Greenblatt Steven D. Greenblatt (SG ­ 5105) CROWELL & MORING LLP Case No. 1:08-cv-04451-JBW-VVP

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Dockets.Justia.com

153 East 53rd Street, 31st Floor New York, NY 10022 [phone] Counsel for Defendant AT&T Mobility LLC Of Counsel: Kathleen Taylor Sooy Lynn E. Parseghian CROWELL & MORING LLP 1001 Pennsylvania Ave., NW Washington, DC 20004 [phone] Evan M. Tager Archis A. Parasharami Kevin S. Ranlett MAYER BROWN LLP 1909 K St., NW Washington, DC 20006 [phone]

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