LOZANO v. ATT WIRELESS

Full title: PAUL LOZANO on behalf of himself and all others similarly situated and as…

Court: United States District Court, C.D. California

Date published: Oct 28, 2003

Case No. CV 02-00090-WJR (AJWx) (C.D. Cal. Oct. 28, 2003)

Opinion

Case No. CV 02-00090-WJR (AJWx)

October 28, 2003

Thomas G. Folcy, Peter J. Bezek, Robert A. Curtis, FOLEY BEZEK, LLP, Santa Barbara, California, for Plaintiffs

Mark E Weber, Esq., GIBSON, DUNN CRUTCHER LLP, for Defendant

CLASS ACTION ORDER REGARDING PLAINTIFF'S NOTICE OF MOTION AND MOTION TO VACATE ORDER COMPELLING ARBITRATION AND STAYING PROCEEDING, PURSUANT TO THE NINTH CIRCUIT'S DECISION IN TING V. ATT

WILLIAM REA, Senior District Judge

Having read and considered Plaintiffs Notice of Motion and Motion to Vacate Order Compelling Arbitration and Staying Proceeding, Pursuant to the Ninth Circuit's Decision in Ting v. ATT, and considered the memoranda and other documentation filed in support of the motion and in opposition to said motion as well as oral argument from both parties, IT IS ORDERED as follows:

1. The Court will adopt its Tentative Ruling, which is attached hereto as Exhibit A, as it Ruling on Plaintiff's Motion to Vacate Order Compelling Arbitration and Staying Proceeding, Pursuant to the Ninth Circuit's Decision in Ting v. ATT;

2. Defendant's request for a stay is DENIED without prejudice to its right to seek a stay from the Ninth Circuit;

3. Plaintiff shall file his Motion for Class Certification within 180 days of the entry of this Order.