Opening Brief Due Feb. 28 in 9th Circuit Fraud Appeal vs. SiriusXM

The mediation questionnaire is due Tuesday from plaintiff-appellants Ayana Stevenson, David Ambrose and Lisa Ramirez in their appeal of the district court’s Nov. 9 order granting SiriusXM’s motion to compel their claims to arbitration (see 2311130005), said a docketing notice and time schedule order Thursday (docket 23-4018) at the 9th U.S. Circuit Court of Appeals. Their opening brief is due Feb. 28, and SiriusXM’s answering brief is due March 29, said the order. U.S. District Judge William Orrick, in granting SiriusXM's motion to compel, also granted the plaintiffs’ request to dismiss the case without prejudice so that they could immediately appeal. Stevenson, Ambrose and Ramirez allege that SiriusXM falsely advertised its music plans at lower prices than it actually charges. They unsuccessfully opposed SiriusXM’s motion to compel, arguing that provisions in their customer agreement’s “class action waiver” violate California public policy, are unenforceable, and as a result trigger a “poison pill” -- a non-severability clause in the waiver -- nullifying the entire arbitration agreement.