Moretti v. The Hertz Corporation et al

Filing 50

ORDER RE EVIDENTIARY SHOWING. Signed by Judge Jeffrey S. White on March 7, 2014. (jswlc3, COURT STAFF) (Filed on 3/7/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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No. C 13-02972 JSW

ENRICO MORETTI, an individual, on behalf
of himself, the general public and those
similarly situated,

ORDER FOR EVIDENTIARY
SHOWING ON MOTION TO
TRANSFER

Plaintiff,
v.
THE HERTZ CORPORATION; HERTZ
GLOBAL HOLDINGS, INC.; DOLLAR
THRIFTY AUTOMOTIVE GROUP, INC.;
HOTWIRE, INC.; and DOES 1 THROUGH
25,
Defendants.
/

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Now before the Court is the motion to transfer pursuant to 28 U.S.C. § 1404(a) filed by

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Defendants, the Hertz Corporation, Hertz Global Holdings Inc., Dollar Thrifty Automotive

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Group, and Hotwire Inc. (“Hotwire”) (collectively “Defendants”). The issue presented is

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whether this action should be transferred to the District of Delaware on the grounds that the

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parties’ agreement contains a forum selection clause requiring disputes between the parties be

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litigated in Delaware. Plaintiff, Enrico Moretti (“Plaintiff”) disputes Defendants’ submission of

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evidence. Defendants present a copy of a screen shot of the booking path leading a customer to

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Hotwire’s terms of use, which contains the forum selection clause relied upon. (See Ex. 1 of

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Declaration of Sarah Bernard.) Plaintiff points out that Defendants’ screen shot of Hotwire’s

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booking path is a purported simulation of a different client and during a different time frame

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from Plaintiffs’ booking activities. (See Plaintiff’s Consolidated Opposition to Defendants’

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Motions to Transfer at 7-8.)
Accordingly, the Court reserves ruling on the motion until an evidentiary showing is

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made. The Court HEREBY ORDERS Defendants to submit evidence demonstrating that on

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December 15, 2012, Plaintiff accepted Hotwire’s terms containing the forum selection clause at

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issue. Defendants shall submit evidence of an executed contract by Plaintiff or the functional

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equivalent, within 10 days of this order, or by no later than March 21, 2014. In addition, the

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Court shall decide the motion without oral argument and hereby VACATES the hearing

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scheduled for March 21, 2014.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: March 7, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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