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Ali Abdullah-Ezzani v. Arbitration and

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 10, 2013

ALI ABDULLAH-EZZANI,
PLAINTIFF,
v.
ARBITRATION AND STAY CLAIMS T-MOBILE USA, INC., DEFENDANT.

The opinion of the court was delivered by: The Honorable John A. Mendez Judge of the United States District Court

STIPULATED ORDER GRANTING T-MOBILE USA, INC.'S MTN. TO COMPEL ARB. AND STAY CLAIMS

It is hereby stipulated and agreed by and among Plaintiff Ali Abdullah-Ezzani and Defendant T-Mobile USA, Inc. ("T-Mobile"), subject to the approval of the Court, as follows:

1. On January 18, 2013, Plaintiff filed his Complaint for Violation of Rosenthal Fair Debt Collection Practices Act; and Telephone Consumer Protection Act in the Superior Court of the State of California for the County of Sacramento (the "State Court Action").

2. On March 14, 2013, T-Mobile removed the State Court Action to this Court.

3. On March 28, 2013, T-Mobile filed a Motion to Compel Arbitration based on the arbitration agreement contained in Plaintiff's Terms and Conditions of service. T-Mobile's Motion to Compel Arbitration also seeks a stay of this action pending the results of the arbitration between the parties.

4. Upon the joint stipulation between Plaintiff and T-Mobile, it is hereby ORDERED that Defendant T-Mobile USA, Inc.'s Motion to Compel Arbitration is GRANTED, and all litigation against T-Mobile USA, Inc. is STAYED until completion of the arbitration between Plaintiff and T-Mobile. The hearing on Defendant T-Mobile USA, Inc.'s Motion to Compel Arbitration, set for May 15, 2013, is hereby removed from the Court's calendar.

IT IS SO ORDERED.

John A. Mendez

Respectfully submitted, DATED: May 8, 2013 LISA GILFORD CHRISTINE ROBERTS ALSTON & BIRD LLP /s/ Lisa Gilford Lisa Gilford Attorney for Defendant T-MOBILE USA, INC. DATED: May 8, 2013 TODD M. FRIEDMAN NICHOLAS J. BONTRAGER SUREN N. WEERASURIYA LAW OFFICES OF TODD M. FRIEDMAN, P.C. /s/Todd M. Friedman (as authorized on May 7, 2013) Todd M. Friedman Attorney for Plaintiff Ali Abdullah-Ezzani

STIPULATED ORDER GRANTING T-MOBILE USA, INC.'S MTN. TO COMPEL ARB. AND STAY CLAIMS

20130510

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