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LIMA v. GATEWAY, INC.

Case No. SACV 09-01366 DMG (MLGx).

886 F.Supp.2d 1170 (2012)

Mark D. LIMA, on behalf of himself and all others similarly situated, Plaintiff, v. GATEWAY, INC., Defendant. Gateway, Inc., Third-Party Plaintiff, v. Top Victory Investments Limited, Third-Party Defendant.

United States District Court, C.D. California.

August 7, 2012.

Attorney(s) appearing for the Case

Alexis Alexander Phocas , Gordon M. Fauth, Jr. , Litigation Law Group, Alameda, CA, Rosemary M. Rivas , Tracy Tien, Danielle A. Stoumbos , Finkelstein Thompson LLP, San Francisco, CA, for Plaintiff.

Paul F. Rafferty , Rhianna S. Hughes , Jones Day, Irvine, CA, for Third-Party Plaintiff.

Eric Michael Kennedy , Jones Day, Irvine, CA, for Defendant.

Mark Alan Samuels , O'Melveny & Myers LLP, Los Angeles, CA, for Third-Party Defendant.

ORDER RE DEFENDANT'S MOTION TO COMPEL ARBITRATION

DOLLY M. GEE, District Judge.

This matter is before the Court on Defendant Gateway, Inc.'s motion to compel arbitration [Doc. #55]. At issue is whether the arbitration clause is enforceable in light of AT & T Mobility LLC v. Conception, ___ U.S. ___, 131 S.Ct. 1740, 179 L.Ed.2d 742 (2011). For the reasons set forth below, the Court concludes that the arbitration...

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