Judge Grants T-Mobile Motion to Dismiss and Compel Arbitration
U.S. District Judge Edward Davila for Northern California in San Jose granted T-Mobile’s motion to dismiss plaintiff Branford Clements’ May 22 first amended complaint and to compel his claims against T-Mobile to arbitration, said the judge’s signed order Thursday (docket…
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5:22-cv-07512). Pro se plaintiff Clements alleged he was victimized in eight different data breaches during the three years he was a T-Mobile customer, and he brought claims under various California consumer protection and privacy statutes, plus the federal Stored Communications Act (see 2306060047). The judge found that the arbitration agreement between Clements and T-Mobile is valid and “encompasses the claims at issue” in Clements’ first amended complaint, said his order. Clements’ failure to file an opposition to T-Mobile’s motion to dismiss constituted grounds for dismissal under Rule 41(b) for failure to prosecute or comply with a court order, it said. He has offered no valid justification for his failure to file an opposition, it said. His notice discussing discovery disputes with T-Mobile “was wholly devoid of any circumstances that would have prevented him from filing an opposition in this motion to dismiss, or alternatively filing a request to extend his deadline to file a response,” it said.