Chakraborty

Chakraborty v. Hexaware Technologies, Inc.

Good Law
United States District Court, Northern District of CaliforniaSeptember 9, 20243:24-cv-03458California206 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

APAROOP CHAKRABORTY, Case No. 24-cv-03458-VC Plaintiff,

ORDER GRANTING MOTION TO

Vv. COMPEL HEXAWARE TECHNOLOGIES, INC., Re: Dkt. No. 11 Defendant. Hexaware’s motion to compel arbitration is granted and the case stayed pending arbitration. The arbitration provision provides that claims “regarding issues of arbitrability, the validity, scope, and enforceability of this Agreement, jurisdiction, as well as any gateway, threshold, or any other challenges to this Agreement, including claims that this Agreement is unconscionable,” will be submitted to arbitration. It therefore clearly and unmistakably shows an intent to delegate threshold issues of arbitrability, including unconscionability, to the arbitrator. Because Chakraborty has not argued that the delegation provision itself is unconscionable, the motion to compel must be granted. See Rent-A-Center, West, Inc. v. Jackson, 561 U.S. 63, 68— 69, 72—75 (2010). The parties are ordered to file a joint status report every 120 days until the arbitration is terminated. If the parties prefer to avoid this obligation, they may…

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