Abernathy

INTRODUCTION

23 In this labor classification action, petitioners seek to compel arbitration. Respondent 24 moves to stay the proceedings pending preliminary and final approval of a class settlement in a 25 state action. For the reasons stated below, petitioners’ motion to compel is GRANTED IN PART 26 and is otherwise DENIED. Respondent’s motion to stay is DENIED. 27 STATEMENT Petitioners are 5,879 couriers who work for respondent, DoorDash, Inc. In order to make deliveries for respondent, petitioners allegedly each clicked through a contract that contained a “Mutual Arbitration Provision,” that required among other things, that each petitioner and respondent “mutually agree to this Mutual Arbitration Provision, which is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and shall apply to any and all disputes arising out of or relating to this Agreement, [including] CONTRACTOR’s classification as an independent contractor” and required the arbitrations to be administered by the American Arbitration Association (AAA). The agreement also provided that the parties “mutually agree …