Openshaw

Openshaw v. FEDEX GROUND PACKAGE SYSTEM, INC.

Good Law
731 F. Supp. 2d 987·2010 WL 3257479·2010 U.S. Dist. LEXIS 88620
United States District Court, Central District of CaliforniaAugust 16, 2010Case SACV 10-00689-CJC(SSx)California5,958 words

Opinion

Opinion

Carney, J.

ORDER DENYING DEFENDANT’S MOTION TO COMPEL ARBITRATION

I. INTRODUCTION

Defendant FedEx Ground Package System, Inc. (“FedEx”) moves to compel Plaintiff John Robert Openshaw to arbitrate his claims for wrongfully terminating his written agreement with FedEx to serve as a small package pick-up and delivery driver. FedEx’s agreement with Mr. Openshaw contains several arbitration provisions that are incredibly favorable to FedEx. It has a provision drastically reducing the time by which Mr. Openshaw must file a claim for wrongful termination against FedEx or forever waive the claim. It has a provision significantly limiting Mr. Openshaw’s ability to conduct discovery and recover damages. And it has a provision imposing significant arbitration expenses on Mr. Openshaw and prohibiting the arbitrator from issuing a written opinion. FedEx’s arbitration provisions are unconscionable. The arbitration provisions are unreasonably favorable to FedEx and unacceptably detrimental to Mr. Openshaw. The arbitration provisions deny Mr. Openshaw of the right to resolve his termination claim in a fair manner. Accordingly, FedEx’s motion to compel arbitration is DENIED.

II. BACKGROUND

FedEx is a…

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