Stiener

Stiener v. Apple Computer, Inc.

Good Law

556 F. Supp. 2d 1016·2008 WL 691720·2008 U.S. Dist. LEXIS 40453

United States District Court, Northern District of CaliforniaMarch 12, 2008C 07-04486 SBA. Docket No. 38California9,685 words

Opinion

Armstrong, J.

ORDER

REQUEST BEFORE THE COURT

Before the Court is defendant AT & T Mobility, LLC’s Motion to Compel Arbitration and to Dismiss Claims Pursuant to the Federal Arbitration Act (the “Motion”) [Docket No. 38]. Defendant AT & T Mobility, LLC (“AT & T”), under the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., seeks to compel plaintiffs, Zoltán and Ynez Stiener to individually arbitrate their disputes, regarding allegedly hidden and substantial battery-changing and related charges associated with using their iPhones, under the Arbitration Agreement of a Terms of Service agreement between the parties, while the Stieners seek to resolve the issue by class action.

Under Federal Rule of Civil Procedure 78(b), the Court find the Motion appropriate for disposition without a hearing. In doing so, the Court is bound by the Ninth Circuit’s holding in Shroyer v. New Singular Wireless Services, Inc., 498 F.3d 976 (9th Cir.2007), finding unconscionable a prior version of an AT & T class arbitration waiver. Although AT & T has attempted to modify the class arbitration waiver before the Court, to comply with the Ninth Circuit’s holding in Shroyer , it has failed to do so. The Court…

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