Meadows et al v. Dickey's Barbecue Restaurants Inc.

Filing 32

ORDER DIRECTING SUPPLEMENTAL BRIEFING. Signed by Judge Jon S. Tigar on August 27, 2015. (wsn, COURT STAFF) (Filed on 8/27/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AMY MEADOWS, et al.,

Case No. 15-cv-02139-JST

Plaintiffs,
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ORDER DIRECTING SUPPLEMENTAL
BRIEFING

v.
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DICKEY'S BARBECUE RESTAURANTS
INC.,
Defendant.

United States District Court
Northern District of California

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Now before the Court is Defendant Dickey’s Barbecue Restaurants, Inc.’s Motion to

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Compel Arbitration. ECF No. 15. The Court heard argument on the motion on August 20, 2015.

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For the reasons stated at the hearing, the Court now orders the parties to submit supplemental

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briefing on the following questions:
1.

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Whether, in light of Mortensen v. Bresnan Commc’ns, LLC, 722 F.3d 1151, 1153

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(9th Cir. 2013), this Court must conclude that the Texas choice-of-law provision in the parties’

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Franchise Agreements is valid, and apply that clause in this proceeding.
2.

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Whether the arbitration clause of the Franchise Agreement is unconscionable or

otherwise unenforceable under Texas law.
Plaintiffs will submit a brief of not more than ten pages addressing these topics by August

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31, 2015. Defendants will submit a brief of not more than ten pages addressing these topics by

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September 7, 2015. The Court particularly seeks factually analogous, relevant authorities that the

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parties have not already cited.

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Unless the Court sets the matter for further argument, Dickey’s motion will then stand
under submission.
IT IS SO ORDERED.
Dated: August 27, 2015
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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