In Re: Checking Account Overdraft litigation Maxine Aarons Given vs M&T Bank Corporation, Manufacturers and Traders Trust Company

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APRIL 29, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 10-12375
________________________
D.C. Docket Nos. 1:09-md-02036-JLK,
1:10-cv-20478-JLK
In Re: CHECKING ACCOUNT OVERDRAFT LITIGATION
___________________________________________________
MAXINE AARONS GIVEN, Individually and
on behalf of all other similarly situated,
Plaintiff-Appellee,
versus
M & T BANK CORPORATION, a New York corporation,
individually and operating by and through M&T Bank,
MANUFACTURERS AND TRADERS TRUST COMPANY,
a.k.a. M&T Bank,
Defendants-Appellants.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(April 29, 2011)

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Before PRYOR and COX, Circuit Judges, and WATKINS, District Judge.*
PER CURIAM:
After oral argument in this case, the United States Supreme Court decided
AT&T Mobility LLC v. Conception, No. 09-893, 2011 WL 1561956 (April 27, 2011).
The district court’s order denying the motion to compel arbitration is VACATED, and
this case is remanded to the district court for reconsideration in light of the Supreme
Court’s opinion.
VACATED AND REMANDED.1
Honorable W. Keith Watkins, United States District Judge for the Middle District of*
Alabama, sitting by designation.
This is an unlimited remand.1
2

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