FILED NOT FOR PUBLICATION JAN 17 2012

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JENNIFER LASTER, et. al., No. 10-55070

Plaintiffs - Appellants, D.C. No. 3:05-cv-01167 DMS (WVG) and

Vincent Concepcion, et. al, ORDER *

Plaintiffs, v.

T-MOBILE USA, INC., et. al.,

Defendants - Appellees.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding

Argued and Submitted January 9, 2012 Pasadena, California

Before: REINHARDT and W. FLETCHER, Circuit Judges, and BREYER, Senior District Judge.**

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Charles R. Breyer, Senior United States District Judge for the Northern District of California, sitting by designation. The district court order granting summary judgment is VACATED and the

case is REMANDED to the district court for reconsideration in light of AT&T

Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011).

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