David Kardonick v. Citigroup, Inc., et al, No. 11-11124 (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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT DECEMBER 27, 2011 JOHN LEY D. C. Docket No. 1:10-cv-23023-JLK CLERK No. 11-11124 DAVID KARDONICK, individually and on behalf of all other similarly situated and the general public, Plaintiff-Appellee, versus CITIGROUP, INC., CITICORP USA, INC., CITIBANK SOUTH DAKOTA, N.A., Defendants-Appellants. Appeal from the United States District Court for the Southern District of Florida (December 27, 2011) Before DUBINA, Chief Judge, MARCUS and BLACK, Circuit Judges. PER CURIAM: Citigroup, Inc., Citicorp USA, Inc., and Citibank (South Dakota), N.A. ( Citibank ) appeal the district court s order denying their motion to compel arbitration in this matter, a purported class action brought by David Kardonick. The district court determined that the arbitration agreement was procedurally unconscionable. At the time the district court made its ruling in this case, it was without the benefit of the Supreme Court s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011) and our decision in Cruz v. Cingular Wireless, LLC, 648 F.3d 1205, 1207 (11th Cir. 2011), where we held that in light of Concepcion, the class action waiver and the plaintiffs arbitration agreement is enforceable under the Federal Arbitration Act. Because we believe it prudent for the district court to reconsider its order in the first instance, especially in light of Concepcion and Cruz, we vacate the district court s order denying Citibank s motion to compel arbitration and remand this case for the district court to reconsider its order in light of Concepcion and Cruz.1 VACATED and REMANDED. 1 This is an unlimited remand. 2
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