Waymo LLC v. Uber Technologies, Inc.

ORDER DENYING MOTION TO COMPEL ARBITRATION

INTRODUCTION

Defendants seek to steer this case into arbitration even though they have no agreement with anyone to arbitrate the case. Instead, they rely on a non-party’s employment agreements with plaintiff, which contained an arbitration clause, and attempt to invoke “equitable estoppel.” This order holds that defendants have not shown the elements necessary to justify application of equitable estoppel.

STATEMENT

In 2009 and 2012, while working at Way-mo LLC, Anthony Levandowski signed two “At-Will Employment, Confidential Information, Invention Assignment and Arbitration Agreement[s].” Each contained an arbitration clause that provided in relevant part (Dkt. No. 138-1 at 38, 50 (originals in all caps, emphasis added)):

Pursuant to the 2009 and 2012 agreements, Waymo initiated two arbitration proceedings against Levandowski on October 28, 2016, asserting claims for breach of contract, breach of fiduciary duties or duties of loyalty, fraud-deceit, tortious interference with contract, tortious interference with prospective economic advantage, unfair competition, and unjust enrichment (Dkt. Nos. 138-1,138-3). The gravamen of those…