SiriusXM Agrees With 9th Circuit Appellants That Mediation Wouldn’t Be ‘Productive’

SiriusXM agrees with plaintiff-appellants Ayana Stevenson, David Ambrose and Lisa Ramirez that mediation in their fraud appeal “would likely not be productive” (see 2312130038), said the company’s mediation questionnaire Wednesday (docket 23-4018) at the 9th U.S. Circuit Court of Appeals. The plaintiffs allege SiriusXM charges higher prices for its music plans than it advertises, and they’re appealing the district court’s granting of SiriusXM’s motion to compel their claims to arbitration. SiriusXM, “in an abundance of caution,” filed a cross-appeal “to preserve its ability to argue” that the U.S. District Court for Northern California should have stayed the litigation pending the outcome of the arbitration rather than dismissing the case, said the questionnaire. It also wants to reserve the right to argue that “the availability of public injunctive relief is a question the parties delegated to the arbitrator to decide,” it said.