Mohamed

Mohamed v. Uber Technologies, Inc.

Caution
109 F. Supp. 3d 1185·2015 WL 3749716
United States District Court, Northern District of CaliforniaJune 9, 2015No. C-14-5200 EMC; No. C-14-5241 EMCCalifornia27,985 words

Opinion

Lead Opinion

Chen, J.

*1189 ORDER DENYING DEFENDANTS’ MOTIONS TO COMPEL ARBITRATION; DENYING DEFENDANT HIREASE’S JOINDER IN MOTION TO COMPEL ARBITRATION

I. INTRODUCTION

Plaintiff Ronald Gillette began driving for Uber in the San Francisco Bay Area in March 2013. Gillette Docket No. 7 at ¶ 12. Gillette’s access to the Uber application was “abruptly deactivated” in April 2014. Id. at ¶ 15. According to Gillette, an Uber representative told him he was terminated because “ ‘something had come up’ on his consumer background report.” Id.

Gillette filed a lawsuit against Uber Technologies on November 26, 2014. Gillette Docket No. 1. Gillette’s operative complaint alleges putative class claims under the federal Fair Credit Reporting Act (FCRA), individual claims under California’s Investigative Consumer Report Agencies Act, and representative claims under California’s Private Attorneys General Act (PAGA). See Gillette Docket No. 7. Generally speaking, Gillette’s FCRA and Investigative Consumer Report Agencies Act claims challenge Uber’s practices with regards to the use of background checks in its hiring and firing decisions. Gillette’s PAGA claims are largely unrelated, and allege that Uber has violated a…

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