9th Circuit Sets Jan. 24 Mediation Conference in Ford’s 3G Telematics Appeal

The 9th U.S. Circuit Appeals Court scheduled a dial-in telephone mediation conference for Jan. 24 at 10 a.m. PST in Ford’s appeal of the district court’s Nov. 7 denial of its motion to compel the 3G telematics claims of four class-action plaintiffs to arbitration (see 2312070004), said a circuit mediator’s order Friday (docket 23-3966). The 9th Circuit’s previously set briefing schedule is amended, with Ford’s opening brief now due Feb. 15, and the appellees' answering brief now due March 18, said the order. Ford’s optional reply brief is due within 21 days from the service date of the answering brief, it said. The plaintiffs allege that the 3G modems on Ford vehicles they bought or leased were rendered inoperable, as were the roadside assistance features that depended on those modems, after AT&T’s 3G phaseout in 2022. Ford moved to compel their claims to arbitration based on the sales contracts or lease agreements the four plaintiffs had signed, plus the “connected services” agreements three of the plaintiffs signed to operate their FordPass and Lincoln Way apps. But the U.S. District Court for Southern California sided with the plaintiffs, who argued that Ford can’t enforce those agreements, or that they don’t provide for mandatory arbitration.