Filing 50

RESPONSE in Opposition re 3 MOTION to Compel Arbitration (SUPPLEMENTAL) filed by MARC BRAGG, CERTIFICATE OF SERVICE. (BALLOD, CHRISTOPHER) Modified on 5/18/2007 (afm, ).

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BRAGG v. LINDEN RESEARCH, INC. et al Doc. 50 Case 2:06-cv-04925-ER Document 50 Filed 05/17/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA PHILADELPHIA MARC BRAGG, Esq., an individual, Plaint iff, v. LINDEN RESEARCH, INC., a corporation, and PHILIP ROSEDALE, an individual, Defendants. SUPPLEMENTAL BRIEF IN OPPOSITION TO THE MOTION TO COMPEL ARBITRATION Plaintiff, Marc Bragg, submits this Supplemental Brief to respectfully request that the Court consider a very recent appellate decision that will impact the Court's determination of this matter: 1. On May 14, 2007, the 9th Circuit published its most recent opinion with CIVIL DIVISION No. 06-cv-4925 JUDGE EDUARDO ROBRENO regard to unconscionability and arbitration clauses. Davis v. O'Melveny & Myers, 2007 WL 1394530 (9th Cir. 2007). 2. The Davis court has stated that "a court cannot rewrite the arbitration agreement for the parties." Davis, 2007 WL 1394530 at *15. Defendants have asked the Court to rewrite the arbitration agreement in this case to render it "conscio nable". 3. Plaint iff requests that this Court take judicial notice of the opinion and, hereby, incorporates reference to the Davis case (which was not available when he filed his briefs with this court) as though more fully set forth at length in his prior briefs filed with the court. PHLDMS1 3135695v.1 Case 2:06-cv-04925-ER Document 50 Filed 05/17/2007 Page 2 of 3 Respect fully submitted, Date: May 17, 2007 WHITE AND WILLIAMS, LLP By CB 1429 Jason A. Archinaco, Esq. PA ID 76691 Christopher Ballod, Esq. PA ID 89462 The Frick Building, Suite 1001 437 Grant Street Pittsburgh, PA 15219 (412) 566-3520 Counsel for Plaintiff PHLDMS1 3135695v.1 Case 2:06-cv-04925-ER Document 50 Filed 05/17/2007 Page 3 of 3 CERTIFICATE OF SERVICE I, Christopher E. Ballod, hereby state that on this date I have caused a true and correct copy o f the foregoing Supplement Brief In Opposition to the Motion to Compel Arbitration to be served via First Class mail, postage prepaid, upon: Andrew J. Soven, Esquire REED SMITH, LLP 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7301 Scott Baker, Esquire REED SMITH, LLP Two Embarcadero Center Suite 2000 San Francisco, CA 94111 CB 1429 Christopher E. Ballod Date: May 17, 2007 PHLDMS1 3135695v.1

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