Provencher

Provencher v. Dell, Inc.

Good Law
409 F. Supp. 2d 1196·2006 WL 9626·2006 U.S. Dist. LEXIS 2173
United States District Court, Central District of CaliforniaJanuary 3, 2006NO. SA CV 05-878 CJC (ANx)California4,474 words

Opinion

Opinion

Carney, J.

ORDER GRANTING DEFENDANTS’ MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

I. INTRODUCTION

Defendants Dell, Inc., Dell Catalog Sales, L.P., Dell Products, L.P., BancTec, Inc., and Qualxserv LLC (collectively “Dell”) move to enforce their arbitration agreement with Plaintiff Charles Provencher and compel him to arbitrate his claims against them individually before the National Arbitration Forum (“NAF”) instead of by way of this putative class action. Dell’s motion to compel arbitration is GRANTED. Mr. Provencher and Dell knowingly, voluntarily, and intelligently agreed to resolve their disputes through the NAF, which is without question an inexpensive, efficient, and convenient forum for resolving commercial disputes.

II. BACKGROUND

On November 15, 2001, Mr. Provencher purchased a Dell Dimension computer with related servicing from Dell. (Pape Deck, ¶ 6.) Mr. Provencher made his purchase over the Internet subject to certain terms and conditions that were explicitly set forth in a written contract entitled “Terms and Conditions Agreement” (“Agreement”). (Pape Decl., ¶ 4, Exh. A.)

The Agreement was a standard “approve-or-return” contract. If Mr. Provencher was not satisfied…

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