AT&T Risks Losing Arbitration Right if It Wades Too Deep Into Discovery, Judge Told
AT&T wants the court to stay discovery and all discovery-related deadlines, pending the resolution of AT&T’s motion to compel plaintiff Robert Graham’s claims to arbitration, said AT&T’s motion Monday (docket 1:22-cv-05155) in U.S. District Court for Northern Georgia in Atlanta.…
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AT&T says Graham agreed to a “broad arbitration provision” when he renewed his contract with AT&T in October 2018 to upgrade his phone (see 2303130002). Graham alleges AT&T’s handset upgrade exchange program was a “bait-and-switch scheme.” Graham refused AT&T requests to stay discovery, said AT&T’s Monday motion. AT&T “risks waiving its right to seek arbitration if it meaningfully participates in discovery,” it said. AT&T asked the court to grant its motion to stay discovery “not only to promote judicial economy,” but also to avoid “jeopardizing AT&T’s ability” to seek arbitration of Graham’s claims, it said. AT&T shouldn’t be required “to incur the expense of participating in judicial discovery” unless the court denies its pending arbitration motion, it said.