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RODRIGUEZ v. AT & T MOBILITY SERVICES LLC

No. 13-56149.

728 F.3d 975 (2013)

Robert RODRIGUEZ, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. AT & T MOBILITY SERVICES LLC, a Delaware limited liability company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2013.

Attorney(s) appearing for the Case

George W. Abele (argued), Elizabeth A. Brown , and Mario C. Ortega , Paul Hastings LLP, Los Angeles, CA; and Laurie E. Barnes , AT & T Mobility Services LLC, Los Angeles, CA, for Defendant-Appellant.

Michael S. Morrison (argued), Alexander Krakow & Glick, LLP, Santa Monica, CA; Thomas W. Falvey and J.D. Henderson , Law Offices of Thomas W. Falvey, Pasadena, CA; Jason W. Wucetich , Dimitrios v. Korovilas , Wucetich & Korovilas LLP, El Segundo, CA, for Plaintiff-Appellee.

Before: RICHARD C. TALLMAN, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

CLIFTON, Circuit Judge:

Plaintiff Robert Rodriguez filed a putative class action in state court, which Defendant removed to federal district court. Defendant contended that there was federal jurisdiction over the action under the Class Action Fairness Act of 2005 ("CAFA"), Pub.L. No. 109-2, 119 Stat. 4 (2005), and in particular 28 U.S.C. § 1332(d)(2). Rodriguez alleged that the amount in controversy did not exceed $5 million, as required for...

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