Kaltwasser

ORDER GRANTING MOTION TO COMPEL ARBITRATION AND TERMINATING MOTION TO STRIKE CLASS ALLEGATIONS

In January 2007, Plaintiff Jonathan C. Kaltwasser filed this putative class action alleging claims under California law against AT & T Mobility LLC, f/k/a Cingular Wireless LLC (“ATTM”). ATTM moved to compel arbitration of Kaltwasser’s claims. Relying upon Discover Bank v. Superior Court, 36 Cal.4th 148 , 30 Cal.Rptr.3d 76 , 113 P.3d 1100 (Cal.2005), this Court found the contractual arbitration agreement unenforceable, and that determination was affirmed by the Court of Appeals. See Kaltwasser v. Cingular Wireless LLC, 350 Fed.Appx. 108, 109 (9th Cir.2009). The Court subsequently deferred a decision on Kaltwasser’s motion for class certification pending the United States Supreme Court’s ruling in AT & T Mobility LLC v. Concepcion, — U.S. -, 131 S.Ct. 1740 , 179 L.Ed.2d 742 (2011). In a decision issued on April 27, 2011, the Supreme Court held that California’s Discover Bank rule impermissibly conflicted with the Federal Arbitration Act. See Concepcion, 131 S.Ct. at 1748 (citing 9 U.S.C. §§ 2-4 ). ATTM therefore renewed its motion to compel arbitration and moved to strike Kaltwasser’s…