Morales

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 29 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HERIBERTO MORALES, as an individual No. 24-536 and on behalf of others similarly situated, D.C. No. 2:23-cv-05943 Petitioner, MEMORANDUM* v.

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF

CALIFORNIA, LOS ANGELES,

Respondent,

ACTIV ENTERPRISES, LLC, a California Limited Liability Company; AMAZON.COM SERVICES LLC, formerly known as Doe 2; AMAZON LOGISTICS, INC., formerly known as Doe 1; DOES, 1 through 50, Inclusive,

Real Parties in Interest.

Petition for Writ of Mandamus

Argued and Submitted July 10, 2024 Pasadena, California

Before: GRABER, N.R. SMITH, and NGUYEN, Circuit Judges. Partial Dissent by Judge NGUYEN.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Petitioner Heriberto Morales1 petitions for a writ of mandamus vacating the

district court’s order compelling arbitration. Petitioner challenges the district

court’s conclusion that the mandatory arbitration…