T-Mobile’s Motion Due Nov. 10 to Compel SIM Swap Claims to Arbitration
Counsel for husband-and-wife plaintiffs Feliks Roitman and Yekaterina Shkolnik and for defendant T-Mobile jointly propose a Nov. 10 deadline for service of T-Mobile’s motion to compel the couple’s claims to arbitration and to stay the action in U.S. District Court…
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for Eastern New York in Brooklyn pending the outcome of that arbitration, T-Mobile lawyer Rebecca Tingey of Davis Wright wrote U.S. District Judge Eric Vitaliano in a letter Wednesday (docket 1:23-cv-06159). According to the jointly proposed briefing schedule, the plaintiffs’ opposition would be due Dec. 21, and T-Mobile’s reply brief in support of the motion would be due Jan. 19, said the letter. T-Mobile customers Roitman and Shkolnik allege the carrier’s “gross negligence in hiring, training, and supervising its employees” enabled a SIM card swap that let criminals steal $130,000 from their savings. They allege an unidentified person unknown to them entered a T-Mobile store in Oakland, California, in November 2021 and initiated a SIM swap on Roitman’s account, while the family was at home in Brooklyn (see 2308170015). The couple “strenuously” objects to T-Mobile’s assertions that their claims belong in arbitration rather than Brooklyn federal court (see 2310030007).