Nissan, 3G Telematics Plaintiff Urge Conference Reset For Arbitration Briefing
Plaintiff George Schwarz and defendant Nissan North America ask that Wednesday’s case management conference in Schwartz’s 3G telematics class action against the automaker be rescheduled for a later date, after Nissan’s March 20 motion to compel Schwartz’s dispute to arbitration…
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(see 2303210057) “is fully briefed,” said their joint motion Friday (docket 3:22-cv-00933) in U.S. District Court for Middle Tennessee in Nashville. As grounds for their joint motion, the parties “continue to confer with regard to this motion and have exchanged information related to the arbitration clause at issue,” it said. Schwartz’s counsel “is considering Nissan’s position to assess whether motion practice is necessary,” or whether the parties “can reach any agreements to narrow or obviate the need for motion practice,” it said. Nissan agrees a continuance of the case management conference would be a more efficient use of the parties’ and the court’s time, it said. Schwarz alleges injury on behalf of himself and a putative class of other Nissan owners arising from his loss of connected vehicle services when the carriers shut down their 3G wireless services because Nissan installed obsolete telematics equipment in its vehicles. The scope of the arbitration provision Schwartz agreed to “plainly encompasses the allegations” he seeks to assert under the Federal Arbitration Act, said Nissan.