IN RE A2P SMS ANTITRUST LITIGATION

Plaintiff: Club Texting, Inc., iSpeedbuy LLC and Textpower, Inc.
Defendant: Cellco Partnership, AT&T Mobility LLC, Sprint Nextel Corporation, T-Mobile USA, Inc., U.S. Cellular Corporation, CTIA-The Wireless Association, Ericsson IPX, MBLOX Incorporated, SYBASE, Inc., Soundbite Communications, Inc., Syniverse Technologies, Inc., UPOC Networks, Inc., Vibes Media, 3Cinteractive, L.L.C., WMC Global, Inc., Ericsson Inc and Air2Web Inc.
Consolidated_defendant: Open Market Inc.
Case Number: 1:2012cv02656
Filed: April 5, 2012
Court: New York Southern District Court
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Alison J. Nathan
Nature of Suit: Antitrust
Cause of Action: 15:1
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
September 16, 2013 225 Opinion or Order of the Court MEMORANDUM AND OPINION: For the reasons discussed above, Defendants' motions to compel and stay proceedings, pending arbitration Docket Numbers 149, 151, 162, 165, and 171, are GRANTED insofar as previously indicated. The action is hereby stayed as to all Defendants pending arbitration. In light of this, the pending motions to dismiss, Docket Numbers 144, 146, 154, 156, and 168 are administratively denied, without prejudice to refilling. Finally, Plaintiffs' procedurally flawed motion to file a sur reply, Docket Number 194, is DENIED and Defendants' motion to strike that sur reply, Docket Number 195 is GRANTED: Plaintiffs motion is substantially non-compliant with the Court's Individual Practices, it does not respond to "new issues which are material to the disposition of the question before the [C]ourt," Us. v. Int'[ Bus. Mach., 66 F.R.D. 383 (S.D.N.Y. 1975), and Plaintiffs had ample opportunity at oral argument to respond to Defendants' positions. This Order resolves Docket Numbers 144, 146, 149, 151, 154, 156, 162, 165, 168, 171, 194, and 195. (Signed by Judge Alison J. Nathan on 9/16/2013) Filed In Associated Cases: 1:12-cv-02656-AJN, 1:12-cv-02729-AJN, 1:12-cv-03731-AJN(mt)
May 29, 2014 251 Opinion or Order of the Court OPINION: Defendants' request that the Court order individual arbitration in this matter is denied, as the matter is for the arbitrator to resolve. Plaintiffs' cross-motion is granted to the extent that the Court finds that the availability of class arbitration proceedings is an issue to be resolved by the arbitrator. The Court does not reach the parties' other arguments as to whether class arbitration is available or whether Plaintiffs' have waived or conceded the merits of this issue. These are matters for the arbitrator to decide. This resolves docket numbers 236 and 243. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/29/2014) (ajs)
August 27, 2014 280 Opinion or Order of the Court MEMORANDUM AND ORDER denying (270) Motion to Stay in case 1:12-cv-02656-AJN. The Court agrees that there are serious questions going to the merits of Defendants' appeal, but it is unclear whether the appeal is procedurally proper, the balance o f hardships does not tip decidedly in Defendants' favor, and a stay will only modestly serve the public interest. Therefore, Defendants' motion to stay this Court's Opinion and Order dated May 29, 2014 is DENIED. This resolves Dkt. No. 270. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/27/2014) Filed In Associated Cases: 1:12-cv-02656-AJN, 1:12-cv-02729-AJN, 1:12-cv-03731-AJN (ama)
March 2, 2015 297 Opinion or Order of the Court ORDER granting (287) Motion for Leave to Appeal in case 1:12-cv-02656-AJN. After the Second Circuit dismissed the Moving Defendants' appeal pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 16(a)(1)(B), for lack of j urisdiction, the Moving Defendants have returned to this Court seeking certification of an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). For the reasons stated herein, the Moving Defendants' request is GRANTED. The current po sture of the proceedings and the consequential question presented on appeal provide the exceptional circumstances necessary to certify an interlocutory appeal. The Court's May 2014 Order held that the arbitrator must decide in the first inst ance whether class arbitration is available. That decision was made against a backdrop of inconclusive Supreme Court authority, non-existent Second Circuit authority, and divided lower court authority across the country. Since that decision was han ded down, the Third Circuit joined the Sixth Circuit in reaching a conclusion that is directly contrary to this Court's holding. There is thus substantial ground for difference of opinion on the question presented for interlocutory appeal. It is also a clean question of law that can be decided without reference to or development of the factual record. Finally, although a reversal of this Court's order will not terminate the action, it will have a substantial effect on the course o f this litigation. A reversal will require vacating any arbitration proceedings to date and will also require the Court to make a determination that will greatly affect the conduct and length of the litigation. As noted, if the Second Circuit agree s to hear the appeal, it "may address any issue fairly included within the certified order." Yamaha Motor Corp., USA, 516 U.S. at 205. But the Second Circuit has also instructed district courts that "it is helpful for [them] to fram e the controlling questions of law that the order involves." United States v. Banco Cafetero Panama,797 F.2d 1154, 1157 (2d Cir. 1986). Therefore, the Court hereby certifies its May 29, 2014 Order, Dkt. No. 251, for interlocutory appeal and fr ames the following question of law that the order involves: who decides-the court or the arbitrator-whether an arbitration agreement permits class arbitration? This resolves Dkt. No. 287. (Signed by Judge Alison J. Nathan on 3/2/2015) Filed In Associated Cases: 1:12-cv-02656-AJN, 1:12-cv-02729-AJN, 1:12-cv-03731-AJN (kgo)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: IN RE A2P SMS ANTITRUST LITIGATION
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Club Texting, Inc.
Represented By: Gregory Keith Arenson
Represented By: Robert N. Kaplan
Represented By: Elana Katcher
Represented By: Richard Jo Kilsheimer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: iSpeedbuy LLC
Represented By: Gregory Keith Arenson
Represented By: Robert N. Kaplan
Represented By: Elana Katcher
Represented By: Richard Jo Kilsheimer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Textpower, Inc.
Represented By: Gregory Keith Arenson
Represented By: Robert N. Kaplan
Represented By: Elana Katcher
Represented By: Richard Jo Kilsheimer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Cellco Partnership
Represented By: Luke A. Connelly
Represented By: Christopher B. Essig
Represented By: Thomas James Frederick
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: AT&T Mobility LLC
Represented By: Steven M. Bierman
Represented By: Linton J. Childs
Represented By: John Walter Treece
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sprint Nextel Corporation
Represented By: Megan Anne Hughes
Represented By: Michael V Pinkel
Represented By: John E. Schmidtlein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: T-Mobile USA, Inc.
Represented By: Micah G. Block
Represented By: Joel Murray Cohen
Represented By: Christopher Burch Hockett
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: U.S. Cellular Corporation
Represented By: Carrie Maylor DiCanio
Represented By: Lawrence Kill
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: CTIA-The Wireless Association
Represented By: Scott Allan Martin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ericsson IPX
Represented By: Dylan M. Carson
Represented By: Patrick J Pascarella
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: MBLOX Incorporated
Represented By: Ross C. Paolino
Represented By: Jeffrey Michael Prokop
Represented By: Robert L. Sills
Represented By: David Smutny
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: SYBASE, Inc.
Represented By: David I. Gelfand
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Soundbite Communications, Inc.
Represented By: Jonathan Paul Bach
Represented By: Ian Ross Shapiro
Represented By: Jennifer L Stewart
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Syniverse Technologies, Inc.
Represented By: Karl Geercken
Represented By: Peter Kontio
Represented By: Mark A. McCarty
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: UPOC Networks, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Vibes Media
Represented By: Basileios Katris
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: 3Cinteractive, L.L.C.
Represented By: Thomas Edward Bezanson
Represented By: Karen H. Bromberg
Represented By: Nathaniel P. T. Read
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: WMC Global, Inc.
Represented By: Richard E. Donovan
Represented By: Michael James Maloney
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ericsson Inc
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Air2Web Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Consolidated_defendant: Open Market Inc.
Represented By: Molly S. Boast
Represented By: Sanket Jayshukh Bulsara
Represented By: Christina Z Milnor
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]