Juan Saravia v. Dynamex, Inc. et al

Filing 91

REQUEST FOR BRIEFING RE TRANSPORTATION WORKERS EXEMPTION TO THE FEDERAL ARBITRATION ACT Responses due by 10/27/2015 at NOON.. Signed by Judge Alsup on 10/22/15. (whalc1, COURT STAFF) (Filed on 10/22/2015)

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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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JUAN SARAVIA, individually and on
behalf of all others similarly situated,

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Plaintiff,

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No. C 14-05003 WHA

v.

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DYNAMEX, INC., DYNAMEX FLEET
SERVICES, INC., DYNAMEX
OPERATIONS EAST, INC., and
DYNAMEX OPERATIONS WEST, INC.,

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Defendants.

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REQUEST FOR BRIEFING RE
TRANSPORTATION WORKERS
EXEMPTION TO THE
FEDERAL ARBITRATION ACT
/

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In Circuit City Stores, Inc. v. Adams, 532 U.S. 105, 119 (2001), the Supreme Court held

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that Section 1 of the Federal Arbitration Act exempts contracts of employment of transportation

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workers from the coverage of that act. It appears that plaintiff, as well as the possible members

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of the conditionally-certified collective, would be transportation workers within the meaning of

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that exemption. Nevertheless, both sides briefed defendants’ motion to compel arbitration

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under the presumption that the FAA applied. By OCTOBER 27 AT NOON, both sides shall

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submit briefs NOT TO EXCEED TEN PAGES, addressing whether the transportation workers

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exemption applies in this case and, if so, what the implications of its application are.

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IT IS SO ORDERED.

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Dated:

October 22, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE