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09-57016•Robert Smith, an individual, individually v. AMERICREDIT FINANCIAL SERVICES, INC., a business entity form unknown, DBA ACF…
09-57016Court of Appeals for the Ninth CircuitDec 13, 2011
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT SMITH, an individual,
individually and on behalf of a class of
similarly situated persons,
Plaintiff - Appellant,
v.
AMERICREDIT FINANCIAL SERVICES,
INC., a business entity form unknown, DBA
ACF Financial Services, Inc.,
Defendant - Appellee.
No. 09-57016
D.C. No. 3:09-cv-01076-DMS-
BLM
ORDER
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Argued and Submitted December 8, 2011
Pasadena, California
Before: B. FLETCHER, SILVERMAN, and WARDLAW, Circuit Judges.
Because of recent developments after the district court’s order on December
11, 2009, we vacate the order compelling arbitration and remand the matter for
reconsideration in light of AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740
(2011), and Sanchez v. Valencia Holding Co., ___ Cal. Rptr. 3d ___, 2011 WL
5865694 (Ct. App. 2011).
FILED
DEC 13 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
-- 1 of 2 --
VACATED AND REMANDED.
-- 2 of 2 --
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