Pleadings and Decisions

Reply in Support of DirecTV's Petition to Vacate June 10, 2005
DirecTV filed a reply memorandum of law in further support of its petition to vacate the First Amended Clause Construction Award.
View a copy of DirecTV's Reply in Support of DirecTV's Petition to Vacate.
 Dealers' Opposition to DirecTV's Petition to Vacate the Arbitration Award May 16, 2005
Dealers filed a memorandum of points and authorities in California state court opposing DirecTV's petition to vacate the First Amended Clause Construction Award.
View a copy of Claimants' Memorandum of Points and Authorities
Statement of Claim and Demand for Class Arbitration March 11, 2004
A Statement of Claim and Demand for Class Arbitration was filed on behalf of the Claimants with the American Arbitration Association (“AAA”) on March 11, 2004. Claimants, four former DirecTV dealers, brought this action on their own behalf and on behalf of all DirecTV dealers who worked for the company from 1996 to the present.
The Statement of Claim alleges that DirecTV breached the Residential Dealer Agreement and the Sales Agency Agreement by, among other things, failing to properly pay commissions to dealers and by improperly imposing charge-backs.
View a copy of the Statement of Claim

Answer and Counterclaim April 12, 2004
DirecTV served its Answer and Counterclaim, denying any wrongdoing. Directv contends that each dealer must pursue his or her claim in an individual arbitration.
View a copy of the Answer

Dealers' Motion to Permit Class Arbitration November 24, 2004
Dealers filed a motion seeking to have the arbitration clauses in the Residential Dealer Agreement and the Sales Agency Agreement construed to permit a class action arbitration, meaning a single arbitration for all dealers.
View a copy of Claimants' Memorandum of Law.

DirecTV's Motion to Preclude Class Arbitration November 24, 2004
DirecTV filed a motion seeking to have the arbitration clause in the Sales Agency Agreement construed to preclude class arbitration. (DirecTV argued that the Residential Dealer Agreement is not applicable to the claims in this arbitration.)
View a copy of DirecTV's Memorandum of Law.

Dealers' Opposition to DirecTV's Clause Construction Motion December 14, 2004
Dealers filed a reply memorandum of law opposing DirecTV's motion to preclude class arbitration.
View Claimants' Reply Memorandum of Law.

DirecTV's Opposition to Claimants' Clause Construction Motion December 14, 2004
DirecTV filed a reply memorandum of law opposing Claimants' motion to permit class arbitration.
View DirecTV's Reply Memorandum of Law.

First Amended Clause Construction Award March 10, 2005
The arbitration panel, in a two to one decision, granted Claimants' motion and construed the arbitration provision in the Sales Agency Agreement to permit class wide arbitration.
View a copy of the First Amended Clause Construction Award.

Petition to Vacate the Arbitration Award April 6, 2005
DirecTV filed a petition in California state court (Superior Court Los Angeles County) seeking to vacate the First Amended Clause Construction Award.
View a copy of DirecTV's Memorandum of Points and
Authorities
.

Order April 27, 2005
The Chairman of the arbitration panel granted DirecTV's request that further proceedings in this arbitration be stayed pending a decision by the California state court on DirecTV's petition to vacate the First Amended Clause Construction Award.
View a copy of the Order.

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