Ashley Adams v. At&t Mobility, Llc

MEMORANDUM

Plaintiff Aexandra Severance appeals from the district court’s order compelling arbitration and dismissing the case. We review the validity and scope of the arbitration clause de novo and the district court’s findings of fact for clear error. Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1267 (9th Cir.2006) (en banc). We affirm.

I

AT & T Mobility, LLC (“ATTM”) had a contractual right to invoke the arbitration clause in Severance’s wireless contract because ATTM is New Cingular Wireless PCS’s parent company and New Cingular Wireless PCS was the successor to Severance’s contract. Contrary to Severance’s view, DC Newco LLC never held the wireless contracts; rather, it owned a complete membership interest in the holding company that owned the contracts, Rural Newco LLC.

II

Severance’s dispute with ATTM is within the scope of the arbitration clause in her wireless contract. Severance argues that her contract uses the word “us” to refer only to Unicel. But Unicel is now defunct, so Severance’s proposed interpretation would effectively nullify the contract. Severance cannot plausibly argue that the parties intended that the arbitration clause would no longer apply to any…