Open Book Theatre Company v. Brown Paper Tickets, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA OPEN BOOK THEATRE COMPANY, Case No.: 3:24-cv-0076-AGS-VET individually and on behalf of all others ORDER COMPELLING similarly situated,

ARBITRATION (ECF 9),

5 Plaintiff, DENYING AS MOOT REMAINING MOTIONS, AND STAYING CASE v. 7 BROWN PAPER TICKETS, LLC, et al., 8 Defendants.

Defendants seek to compel arbitration of this putative class action based on the provisions of an online point-and-click agreement. BACKGROUND1 The legal battlefield here is the website of defendant Brown Paper Tickets, LLC, which handles ticket sales for event organizers. (See ECF 6, at 3.) To set up an “event” on that site, visitors are first presented with a checkbox and notice. (See ECF 9-2, at 3–4.) The notice affirms: “I have read and agree to the Brown Paper Tickets Event Organizer Terms of Usage.” (Id. at 4.) Before proceeding, users must “affirmatively check” the box beside the notice. (Id. at 3.) The final eight words of the…