Vargas v. Delivery Outsourcing, LLC et al

Filing 25

ORDER DIRECTING SUPPLEMENTAL BRIEFING. Signed by Judge Jon S. Tigar on January 28, 2016. (wsn, COURT STAFF) (Filed on 1/28/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SALVADOR VARGAS,

Case No. 15-cv-03408-JST

Plaintiff,
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v.

ORDER DIRECTING SUPPLEMENTAL
BRIEFING

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DELIVERY OUTSOURCING, LLC, et al.,
Defendants.

United States District Court
Northern District of California

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Before the Court is Defendant Delivery Outsourcing, LLC’s Motion to Compel

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Arbitration. ECF No. 19. The Court has reviewed the Defendant’s motion and Plaintiff Salvador

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Vargas’ opposition. In order to determine whether the applicable contract is exempt under Section

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1 of the Federal Arbitration Act, the Court now orders the parties to submit supplemental briefing

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on the following topics:

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1.

Does Plaintiff Vargas qualify as an employee? Counsel are directed to address In

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re Van Dusen, 654 F.3d 838 (9th Cir. 2011), and Aviles v. Quik Pick Express, LLC, No. CV-15-

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5214-MWF (AGR), 2015 WL 9810998 (C.D. Cal. Dec. 3, 2015), in their discussion of Plaintiff’s

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employment status.

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2.

Was Plaintiff Vargas “engaged in foreign or interstate commerce?” See 9

U.S.C. § 1; see also Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001).
Defendant will address these topics and respond to Plaintiff’s opposition in its reply brief.

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Defendant’s reply brief is not to exceed 25 pages and is due by February 11, 2016. Plaintiff will

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submit a sur-reply addressing only these topics. The sur-reply is not to exceed 10 pages and is due

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by February 18, 2016. The Court particularly seeks factually analogous, relevant authorities. The

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parties may also submit additional extrinsic evidence to support their arguments regarding

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Plaintiff’s employment status.

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The hearing on this matter, currently scheduled for February 25, 2016 at 2:00 p.m. is
hereby continued to March 10, 2016 at 2:00 p.m.
IT IS SO ORDERED.
Dated: January 28, 2016
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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