Yucesoy v. Uber Technologies, Inc. et al

Filing 89

ORAL ARGUMENT PREPARATION ORDER. Signed by Judge Edward M. Chen on 7/29/15. (emclc1S, COURT STAFF) (Filed on 7/29/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HAKAN YUCESOY, et al.,

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Plaintiffs,

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ORAL ARGUMENT PREPARATION
ORDER

v.

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For the Northern District of California

United States District Court

No. C15-0262 EMC

UBER TECHNOLOGIES, INC., et al.,

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Defendants.
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On August 6, 2015, this Court will hear oral argument on Uber’s pending motion to compel

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arbitration of Plaintiffs’ claims in this matter. Docket No. 62. In its motion and supporting papers,

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Uber contends that Plaintiff Hakan Yucesoy assented to be bound to an agreement containing the

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arbitration clause at issue. Yucesoy claims in declarations and supporting documents that he did

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not so assent, was out of the United States at the time that Uber claims he agreed to be bound, and

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that another individual apparently drove “under [his] account without authorization.” See, e.g.,

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Docket No. 88. Thus, it appears that there may be a material factual dispute regarding contract

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formation.

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At the hearing on August 6, 2015, the parties are directed to be prepared to discuss their

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respective positions as to whether there is a material factual dispute regarding contract formation,

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and, if so,

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///

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what the appropriate course of action should be. See generally 9 U.S.C. § 4 (“If the making of the

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arbitration agreement . . . be in issue, the court shall proceed summarily to the trial thereof.”);

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Howard v. Ferrellgas Partners, L.P., 748 F.3d 975 (10th Cir. 2014); Nebraska Machinery Co. v.

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Cargotec Solutions, LLC, 762 F.3d 737 (8th Cir. 2014).

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IT IS SO ORDERED.

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Dated: July 29, 2015

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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