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`Case 1:20-cv-00172-NONE-JDP Document 10 Filed 08/13/20 Page 1 of 3
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`PAUL HASTINGS LLP
`RAYMOND W. BERTRAND (SB# 220771)
`raymondbertrand@paulhastings.com
`JAMES P. DE HAAN (SB# 322912)
`jamesdehaan@paulhastings.com
`4747 Executive Drive
`12th Floor
`San Diego, California 92121
`Telephone: 1(858) 458-3000
`Facsimile: 1(858) 458-3005
`
`Attorneys for Defendant
`AT&T MOBILITY SERVICES, LLC
`
`UNITED STATES DISTRICT COURT
`
`EASTERN DISTRICT OF CALIFORNIA
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`LUIS M. SALAS RAZO, on his own behalf
`and on behalf of all others similarly situated,
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`Plaintiff,
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`vs.
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`AT&T MOBILITY SERVICES, LLC, a
`Delaware Corporation; and Does 1 through
`100, inclusive,
`
`Defendants.
`
`CASE NO. 1:20–CV–00172–NONE–JDP
`
`DEFENDANT AT&T MOBILITY
`SERVICES, LLC’S RULE 12(B)(6)
`MOTION TO DISMISS; OR, IN THE
`ALTERNATIVE, STAY LITIGATION
`
` September 15, 2020
`Date:
` N/A (Per ECF No. 4-1)
`Time:
`Courtroom: N/A (Per ECF No. 4-1)
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`
`Assigned Judge: NONE
`Assigned Mag. Judge: Hon. Jeremy D.
`Peterson
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`
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`Complaint filed: August 27, 2019
`Removed: January 31, 2020
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`DEF.’S MOT. TO DISMISS; OR, IN THE ALTERNATIVE, TO STAY LITIG.
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`Case 1:20-cv-00172-NONE-JDP Document 10 Filed 08/13/20 Page 2 of 3
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`Pursuant to Federal Rules of Civil Procedure 12(b)(6), Defendant AT&T Mobility
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`Services, LLC (“Defendant” or “AT&T”) hereby moves to dismiss the Second Amended
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`Complaint filed by Plaintiff Luis M. Salas Razo (“Plaintiff” or “Razo”) in the U.S. District Court
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`for the Eastern District of California, on July 30, 2020; or, in the alternative, stay this litigation
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`pending the completion of NATASHA AYALA, on behalf of herself and all others similarly
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`situated, Plaintiff, vs. AT&T MOBILITY SERVICES, LLC, a Delaware Limited Liability
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`Company; and DOES 1 THROUGH 100, inclusive, U.S.D.C., C.D. Cal., Case No. 2:18-cv-
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`08809-SVW-MRW (“Ayala”).
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`Many of the documents Razo incorporates by reference contradict many of the factual
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`allegations forwarded in his Second Amended Complaint. And what factual arguments remain
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`are either threadbare, and thus cannot survive a motion to dismiss, or fail as a matter of law.
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`Alternatively, if the Court chooses not to dismiss the Seconded Amended Complaint in its
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`entirety, AT&T moves to stay this litigation. Natasha Ayala filed a nearly identical class action
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`against AT&T over a year before Razo commenced this case. The principles of federal comity
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`and equity enshrined in the “first to file” rule justify a stay. Thus, for the reasons set forth in the
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`attached memorandum of law, Defendant respectfully requests that the Court dismiss the Second
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`Amended Complaint in its entirety; or, in the alternative, stay this litigation pending the
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`completion of Ayala.
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`This Motion is based upon this Notice of Motion and Motion, the attached Memorandum
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`of Law, the pleadings and papers previously filed with the Court for this matter, and upon such
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`other evidence and argument as may be presented to the Court. Please take notice that, pursuant
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`to this Court’s Standing Order in Light of Ongoing Judicial Emergency in the Eastern District of
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`California (ECF No. 4-1), this motion will be deemed submitted upon the record and briefs, and
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`no hearing will be held absent a Court order stating otherwise. However, the “hearing date” of
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`September 15, 2020, will govern the opposition and reply filing deadlines.
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`DEF.’S MOT. TO DISMISS; OR, IN THE ALTERNATIVE, TO STAY LITIG.
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`Case 1:20-cv-00172-NONE-JDP Document 10 Filed 08/13/20 Page 3 of 3
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`DATED: August 13, 2020
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`
`PAUL HASTINGS LLP
`RAYMOND W. BERTRAND
`JAMES P. DE HAAN
`
`By: /s/ Raymond W. Bertrand
`RAYMOND W. BERTRAND
`
`Attorneys for Defendant
`AT&T MOBILITY SERVICES, LLC
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