Lacour

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT LACOUR, Case No. 20-cv-07641-WHO

Plaintiff,

ORDER GRANTING MOTION TO

v. COMPEL ARBITRATION AND STAY

THE ACTION

MARSHALLS OF CA, LLC, et al., Re: Dkt. No. 22 Defendants.

12 Plaintiff Robert Lacour brings wage-related claims and meal and rest claims for alleged violations of the Labor Code and Business and Professions Code in this class action against defendants Marshalls of CA, LLC, Marshalls of MA, Inc., and The TJX Companies, Inc. (collectively “Marshalls”). Dkt. No. 1 (“Complaint”) ¶ 1. Marshalls moves to compel arbitration pursuant to a 2014 arbitration agreement (the “Agreement”) and to dismiss or in the alternative stay the action. Lacour opposes, arguing that he never accepted the Agreement and that the Agreement is not enforceable. Dkt. No. 24 (“Opp.”). I find that the mailbox rule applies, which creates a rebuttable presumption that the Agreement that was mailed to him was received, and that he did not opt out…