Thomas Larsen, et al v. J.P. Morgan Chase Bank, N.A., No. 10-12936 (11th Cir. 2011)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT AUGUST 26, 2011 JOHN LEY CLERK No. 10-12936 ________________________ D.C. Docket Nos. 1:09-md-02036-JLK, 1:09-cv-23127-JLK THOMAS LARSEN, BRENT LOWE, JENNIFER PALACIOS, MARTIN PALACIOS, ANGELA WALSH-DUFFY, Plaintiffs - Appellees, versus J.P. MORGAN CHASE BANK, N.A., Defendant - Appellant. ______________________________ No. 10-12937 ______________________________ D.C. Docket Nos. 1:09-md-02036-JLK, 1:09-cv-23432-JLK VALERIE WILLIAMS, MEGAN BISS, BILLY MARTIN RUIZ, DEBORAH RUIZ, JOHN KIRKLAND, JACQUELINE MILLER, lllllllllllllllllllll Plaintiffs - Appellees, versus J.P. MORGAN CHASE BANK, N.A., lllllllllllllllllllll Defendant - Appellant. ________________________ Appeals from the United States District Court for the Southern District of Florida ________________________ (August 26, 2011) Before EDMONDSON and MARCUS, Circuit Judges, and LAWSON,* District Judge. PER CURIAM: After the parties filed their appellate briefs in this case, the United States Supreme Court decided AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). The district court s order denying Appellant s motion to stay the * Honorable Hugh Lawson, United States District Judge for the Middle District of Georgia, sitting by designation. 2 proceedings pending arbitration is VACATED, and this case is fully REMANDED to the district court. The District Court is to reconsider the case in the light of the Supreme Court s Concepcion opinion. In the district court, discovery is to be limited to issues bearing significantly on the arbitrability of this dispute until the question of arbitrability has been decided. VACATED and REMANDED. 3

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