FILED NOT FOR PUBLICATION JAN 17 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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).