Mohamed v. Uber Technologies, Inc. et al

Filing 156

ORDER re Revised Arbitration Provision and Corrective Cover Letter. Signed by Judge Edward M. Chen on 1/19/2016. (Attachments: # 1 Exhibit)(emclc1, COURT STAFF) (Filed on 1/19/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DOUGLAS O'CONNOR, et al., Plaintiffs, 8 9 10 UBER TECHNOLOGIES, INC., et al., Defendants. 12 For the Northern District of California United States District Court Case No. 14-cv-5200-EMC Case No. 15-cv-0262-EMC v. 11 13 Case No. 13-cv-03826-EMC IN RE UBER FCRA LITIGATION ORDER RE REVISED ARBITRATION PROVISION AND CORRECTIVE COVER LETTER 14 15 16 17 HAKAN YUCESOY, et al., 18 19 20 21 Plaintiffs, v. UBER TECHNOLOGIES, INC., et al., Defendants 22 23 On January 13, 2016, the parties submitted a “Joint Statement Regarding a Further Revised 24 Arbitration Provision and Corrective Cover Letter.” O’Connor, Docket No. 462; In re Uber 25 FCRA Litigation, Docket No. 154; Yucesoy, Docket No. 180 (Joint Statement). The Court has 26 reviewed the revised arbitration provision and corrective cover letter, and resolves the issues 27 raised by the parties as follows. 28 First, Plaintiffs propose characterizing the O’Connor action as a nationwide class action. 1 The Court has previously found that the California laws upon which the O’Connor Plaintiffs rely 2 do not apply extra-territorially, and thus limited the case to drivers who worked in California. See 3 O’Connor, Docket No. 136 at 16-21. The Court rejects Plaintiffs’ proposal, as shown by the 4 attached Exhibit A. Second, Uber reiterates its view that it may enforce the new arbitration agreement against 5 6 the O’Connor class as to certified claims. Joint Statement at 5 n.3. The Court again rejects this 7 contention, which is inconsistent with Uber’s prior position represented to the Court and the 8 public. See O’Connor, Docket No. 408, Exh. C; Docket No. 410 at 4; Docket No. 428 at 38:24- 9 39:7. The new arbitration agreement is unenforceable against the O’Connor class as to certified 10 claims. See O’Connor, Docket No. 454 at 4 n.1. Third, Uber requests reconsideration of the Court’s finding that the corrective cover letter 12 For the Northern District of California United States District Court 11 must be distributed to prospective drivers. Joint Statement at 9. The Court denies this request; as 13 a practical matter, once an individual signs up as a driver, he or she becomes a putative class 14 member, i.e., in the nation-wide In re Uber FCRA Litigation case (as well as the other class 15 actions that have been filed throughout the country). Fourth, a redlined version of the corrective cover letter is attached as Exhibit B. With 16 17 respect to the opt-out function, despite the Court expressing its concerns about the adequacy of 18 Uber’s prior suggestion, Uber again proposes to have a link to the arbitration agreement’s opt-out 19 provision. See O’Connor, Docket No. 454 at 6; Joint Statement at 7. The Court finds this 20 proposal inadequate, and will require a pre-addressed e-mail accessible via hyperlink. The content 21 of this e-mail (which the parties were also unable to agree on) will be: “My name is 22 out of the Arbitration Provision in the driver-partner agreement.” 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 . I opt 1 Finally, the Court finds that when sent to the drivers, the subject heading of the corrective 2 cover letter will be: “Notice re Updated Driver-Partner Agreement and Opt-Out from Arbitration 3 Agreement.” 4 5 IT IS SO ORDERED. 6 7 8 9 Dated: January 19, 2016 ______________________________________ EDWARD M. CHEN United States District Judge 10 12 For the Northern District of California United States District Court 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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