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In Re: At&T Mobility Wireless Data Services Tax Litigation

June 2, 2011

IN RE: AT&T MOBILITY WIRELESS DATA SERVICES TAX LITIGATION


Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Amy J. St. Eve than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

The Court denies Stephen Johnson's motion to intervene [192] and denies, as moot, Stephen Johnson's motion for attorneys' fees [188].

O[ For further details see text below.] Docketing to mail notices.

STATEMENT

INTRODUCTION

Before the Court are Stephen Johnson's motion to intervene (R. 192) and motion for his attorney's fee

(R. 188). This order accompanies separate memorandum opinions and orders, which grant final approval of the Settlement Agreement, grant in part and deny in part Class Counsel's motion for approval of attorneys' fees, costs and expenses, and for incentive payments, and approve John Gaffigan's motion for an incentive payment. The Court assumes familiarity with the facts of the case.

The Court denies Johnson's motion to intervene, and denies, as moot, his motion for his attorney's fee.

BACKGROUND

This case concerns a multi-district class action against AT&T Mobility, which Plaintiffs contend violated the Internet Tax Freedom Act ("ITFA"), among other laws, by charging Internet-access taxes. (R. 1;

R. 48.) In transferring the MDL to this Court, the United States Judicial Panel on Multidistrict Litigation ("JPML") declined to include an action brought by Stephen Johnson in the U.S. District Court for the Southern District of Texas because it was sufficiently distinct to warrant exclusion. (R. 1.) On May 11, 2011, Johnson sought to intervene in this case following the U.S. Supreme Court's decision of April 27, 2011, in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011). Johnson reads Concepcion as effectively precluding his argument in the Southern District of Texas that AT&T's arbitration provision is not enforceable. (R. 188 at 1-2; R.192 at 2.)

Courtroom ...


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