Rodman v. Safeway, Inc.

Filing 200

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL RODMAN, 7 Case No. 11-cv-03003-JST Plaintiff, 8 v. 9 SAFEWAY INC., 10 Defendant. ORDER REQUESTING SUPPLEMENTAL BRIEFING RE: UNCONSCIONABILITY Re: Dkt. No. 171 United States District Court Northern District of California 11 12 The Court requests supplemental briefing from the parties addressing whether the contract 13 14 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 15 16 17 18 19 20 21 22 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 23 24 Services, Inc., 24 Cal.4th 83 (2000). 25 /// 26 /// 27 1 28 This order does not decide the question of whether this version of the Special Terms was operative on Safeway’s website. 1 Opening supplemental briefs, not to exceed 15 pages in length, are due by October 1, 2014. 2 Either party may, but is not required to, file a reply supplemental brief of not more than 10 pages 3 by October 15, 2014. 4 IT IS SO ORDERED. 5 6 7 Dated: September 17, 2014 ______________________________________ JON S. TIGAR United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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