Slade

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 JEUL SLADE, Case No. 20-cv-9301-YGR

Plaintiff, ORDER DENYING MOTION TO COMPEL v.

ARBITRATION WITHOUT PREJUDICE;

SETTING COMPLIANCE DEADLINE

EMPIRE TODAY, et al., Dkt. No. 10 Defendants.

13 Defendant Empire Today, LLC filed its motion to compel plaintiff to arbitrate claims and 14 to dismiss action with prejudice on January 12, 2021. (Dkt. No. 10.) That motion came on 15 regularly for hearing by videoconference on February 16, 2021. Having carefully considered the briefing, evidence,1 and arguments of the parties, and for 17 the reasons set forth on the record, the motion to compel arbitration is DENIED WITHOUT 18 PREJUDICE. Under the applicable summary judgment-like standard, there is a material dispute of 19 fact as to formation of the agreement to arbitrate on the current record. Three Valleys Municipal 20 Water Dist. v. E.F. Hutton & Co., 925 F.2d 136, 1141 (9th Cir. 1991); Ackerberg v. Citicorp USA, 21 Inc., 898 F. Supp. 2d 1172, 1175 (N.D. Cal. 2012). While the…