Rushing

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WILLIAM RUSHING, et al., Case No. 16-cv-01421-WHO

Plaintiffs,

ORDER GRANTING MOTION TO

v. COMPEL

WILLIAMS-SONOMA, INC., et al., Re: Dkt. No. 219 Defendants.

Defendants (collectively, “WSI”) filed a Motion to Dismiss and a Motion to Compel Arbitration against plaintiff Elizabeth Perlin (collectively with plaintiff William Rushing, “Perlin”). WSI had no right to compel arbitration against Perlin until she became a named class member in 2020. It did not waive its right to compel arbitration. And Perlin chose to purchase a product from WSI in 2020 under terms that included an arbitration agreement—those terms and that agreement do not constitute an improper communication with putative class members. Because the parties do not otherwise dispute that arbitrability needs to be determined by the arbitrator, I GRANT WSI’s Motion to Compel. BACKGROUND Perlin filed the Eighth Amended Class Action Complaint on…