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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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