Rodman v. Safeway, Inc.
Filing
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ORDER REQUESTING SUPPLEMENTAL BRIEFING RE: UNCONSCIONABILITY re 171 MOTION for Summary Judgment filed by Michael Rodman. Signed by Judge Jon S. Tigar on September 17, 2014. (wsn, COURT STAFF) (Filed on 9/17/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL RODMAN,
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Case No. 11-cv-03003-JST
Plaintiff,
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v.
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SAFEWAY INC.,
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Defendant.
ORDER REQUESTING
SUPPLEMENTAL BRIEFING RE:
UNCONSCIONABILITY
Re: Dkt. No. 171
United States District Court
Northern District of California
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The Court requests supplemental briefing from the parties addressing whether the contract
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language below is either procedurally or substantively unconscionable under California law:
“21. Changes to Terms and Conditions.
Safeway reserves the right to, from time to time, with or without
notice to you, in Safeway’s sole discretion, amend the Terms and
Conditions for Use and purchases regarding the online shopping
services. Any amendments by Safeway will be effective only as to
orders you place after Safeway’s revisions of these Terms and
Conditions as displayed on the Web site. It is your responsbility to
review the Terms and Conditions before submitting each order.
Safeway has no responsibility to notify you of any changes before
such changes are effective.”1
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The arguments the parties present should include, without limitation, a discussion of the California
Supreme Court’s treatment of unconscionability in Armendariz v. Foundation Health Psychcare
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Services, Inc., 24 Cal.4th 83 (2000).
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///
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This order does not decide the question of whether this version of the Special Terms was
operative on Safeway’s website.
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Opening supplemental briefs, not to exceed 15 pages in length, are due by October 1, 2014.
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Either party may, but is not required to, file a reply supplemental brief of not more than 10 pages
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by October 15, 2014.
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IT IS SO ORDERED.
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Dated: September 17, 2014
______________________________________
JON S. TIGAR
United States District Judge
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United States District Court
Northern District of California
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