Garbayo

MEMORANDUM ***

Chrome Data Corp. moved to compel arbitration of certain claims brought by Garbayo and four other former executives (collectively, Garbayo). The district court had jurisdiction under 28 U.S.C. §§ 1331 , 1367(a), and denied Chrome’s motion. We have jurisdiction over this timely filed appeal under 9 U.S.C. § 16 (a). We review de novo. Ticknor v. Choice Hotels Int’l, Inc., 265 F.3d 931, 936 (9th Cir.2001), cert. denied 534 U.S. 1133 , 122 S.Ct. 1075 , 151 L.Ed.2d 977 (2002). We reverse and remand.

The district court held that the Title VII and Or.Rev.Stat. § 659.030 disputes were not arbitrable, relying on Duffield v. Robertson Stephens & Co., 144 F.3d 1182 (9th Cir.1998). Since the district court’s decision, Duffield has been overruled. EEOC v. Luce, Forward, Hamilton & Scripps, 345 F.3d 742 (9th Cir.2003) (en banc). We reverse the district court’s determination to the contrary.

*621 Garbayo asks us to affirm the district court, arguing that he did not actually agree to arbitrate. Garbayo did not present these arguments to the district court. Garbayo argued that the unanimity provision is unconscionable, but he did not argue that it renders the dispute resolution…