ORDER
The district court order granting summary judgment is VACATED and the case is REMANDED to the district court for reconsideration in light of AT&T Mobility LLC v. Concepcion,—U.S.—, 131 S.Ct. 1740, 179 L.Ed.2d 742 (2011). This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.