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Old 02-15-2008, 12:09 AM
bigfish2003 bigfish2003 is offline
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Join Date: May 2006
Posts: 21
AWSM Technology, LLC Status of Court Case

Status of Case Against AWSM

*** Scroll down for new information (in red) ***



Filed with American Arbitration Association (“AAA”) on behalf of Frank Stokes, but submitted as a potential “class arbitration” (i.e., class action).

AAA Case No.: 11-147-002374-06

• Styled as: Stokes v. AWSM Technology, LLC

• Arbitrator: Brendan N. Hare

• To download a copy of the “arbitration demand” (i.e., the complaint against AWSM), click here

• Pursuant to AAA rules, the case will proceed in four phases:




Phase I: Clause Construction — The Arbitrator will first determine whether arbitration clause in contract between AWSM and Frank Stokes prohibits the bringing of a class arbitration.







Phase II: Class Determination — If the Arbitrator determines that class arbitrations are not prohibited under the contract, the case will move forward and the Arbitrator will then determine whether the proposed class should be certified. The potential class currently defined as:




All persons and entities who contracted with AWSM Technology, LLC under terms identical or substantially similar to those set forth in the AWSM Site Map™ Services Agreement for an “AWSM Ad” or any “AWSM Site Map™ Licensing and Service Package,” and who did not receive the promised commissions from the generation of internet sales

To download a copy of the AWSM Site Map™ Services Agreement, click here




Phase III: Class Notification — If class is certified, notice will be sent to all members of the class who can be identified. Notice to class members will include:




(1) the nature of the action;
(2) the definition of the class certified;
(3) the class claims, issues, or defenses;
(4) that a class member may enter an appearance through counsel and may attend hearings;
(5) that the arbitrator will exclude any member upon request and how to make such request;
(6) the binding effect of a class judgment on class members;
(7) the identity/bio of the arbitrator, the class representative(s) and class counsel; and
(8) how and to whom a class member may communicate about the class arbitration




Phase IV: Merits — If class is certified, the Arbitrator will then move on to decide merits of claim




• The case is currently in Clause Construction Phase. The Clause Construction Phase hearing was held on April 11, 2007, and supplemental briefs were filed on May 10, 2007.

**In an Order dated June 22, 2007, the Arbitrator ruled in favor of Frank Stokes on Clause Construction issue. Specifically, the Arbitrator found that “the arbitration clause in question permits the arbitration to proceed on behalf of a class.” A copy of the Order (called a “Clause Construction Award”) can be downloaded by clicking here.**

**Pursuant to AAA rules, the case was stayed for 30 days to allow for any appeal of the Arbitrator’s decision. On July 23, 2007, AWSM filed a Motion to Extend Stay with the AAA so that it could “file an Application to Vacate the Arbitration Award.” On August 7, 2007, Stokes submitted a Opposition to AWSM’s Motion to Extend Stay, requesting that the Arbitrator deny AWSM’s request to extend the stay and requesting that the case move forward to the Class Certification Phase. A copy of Stokes’ Opposition to Motion to Extend Stay can be viewed by clicking here. By order dated August 24, 2007, the Arbitrator granted AWSM’s motion, extending the stay until September 17, 2007.**

**AWSM failed to file any Application to Vacate the Arbitration Award or otherwise respond by the September 17, 2007 deadline. However, AWSM has also failed to pay its share of the arbitration fee to AAA. As a result, the AAA has refused to proceed with the case any further. In light of AWSM’s failure to pay its share of the AAA fees, Frank Stokes will now pursue this matter through the original action filed against AWSM in the Superior Court of Arizona. That action (Case No. CV 2006-007573) was stayed when AWSM sought to have the matter resolved through arbitration. Now that AWSM has essentially abandoned its efforts to have the matter proceed in arbitration, Frank Stokes will file a motion to re-open the Superior Court case and proceed with the matter in that forum.**

• Up until the time that the class is certified, Glover & Van Cott, P.A. only represents Frank Stokes



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  #2  
Old 12-14-2008, 08:09 AM
jasin jasin is offline
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Join Date: Jun 2007
Posts: 5
Re: AWSM Technology, LLC Status of Court Case

Is this lawsuit still going? Anyone know anything extra at this time?




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