In Re: Checking Account Overdraft litigation Maxine Aarons Given vs M&T Bank Corporation, Manufacturers and Traders Trust Company

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APRIL 29, 2011
No. 10-12375
JOHN LEY
________________________ CLERK

D.C. Docket Nos. 1:09-md-02036-JLK,
1:10-cv-20478-JLK

In Re: CHECKING ACCOUNT OVERDRAFT LITIGATION
___________________________________________________

MAXINE AARONS GIVEN, Individually and
on behalf of all other similarly situated,

Plaintiff-Appellee,

versus

M & T BANK CORPORATION, a New York corporation,
individually and operating by and through M&T Bank,
MANUFACTURERS AND TRADERS TRUST COMPANY,
a.k.a. M&T Bank,

Defendants-Appellants.

________________________

Appeal from the United States District Court
for the Southern District of Florida
________________________
(April 29, 2011)
Before PRYOR and COX, Circuit Judges, and WATKINS,* District Judge.

PER CURIAM:

After oral argument in this case, the United States Supreme Court decided

AT&T Mobility LLC v. Conception, No. 09-893, 2011 WL 1561956 (April 27, 2011).

The district court’s order denying the motion to compel arbitration is VACATED, and

this case is remanded to the district court for reconsideration in light of the Supreme

Court’s opinion.

VACATED AND REMANDED.1

*
Honorable W. Keith Watkins, United States District Judge for the Middle District of
Alabama, sitting by designation.
1
This is an unlimited remand.

2