On April 16, 2012, Chief Judge Kane denied Plaintiffs’ motion to reconsider an order compelling arbitration in this matter. The Court, relying on the Supreme Court’s decision in AT&T v. Concepcion had previously ordered that the parties proceed to arbitration in November 22, 2011. Plaintiffs argued that a decision issued by the National Labor Relations Board in In re D.R. Horton represented an intervening change in controlling law that required the Court to reconsider its prior order. The Court ultimately determined that its prior interpretation of AT&T v. Concepcion was correct, and that to the extent In re D.R. Horton was inconsistent, the Court declined to follow the decision.