Doe
Doe v. Optum, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOHN DOE, individually and on behalf of Case No.: 3:25-cv-44-CAB-JLB others similarly situated,
ORDER GRANTING MOTION TO
Plaintiff, COMPEL ARBITRATION v. 14 [Doc. No. 10]
OPTUM, INC.,
15 Defendant.
17 On March 31, 2025, Defendant Optum, Inc., filed a motion to compel arbitration 18 pursuant to the Federal Arbitration Act (“FAA”) and to stay the case. [Doc. No. 10.] On 19 April 18, 2025, Plaintiff John Doe filed a notice of non-opposition to the motion. [Doc. 20 No. 11.] The Court has subject matter over the case as Plaintiff alleges Defendant violated, 21 inter alia, a federal statute—the Electronic Communications Privacy Act, U.S.C. 22 § 2511(1). “A party seeking to compel arbitration has the burden under the FAA to show 23 (1) the existence of a valid, written agreement to arbitrate; and if it exists, (2) that the 24 agreement to arbitrate encompasses the dispute at issue.” Ashbey v. Archstone Prop. 25 Mgmt., Inc., 785 F.3d 1320, 1323 (9th Cir. 2015). Defendant demonstrates that…