Roe
Roe v. Thermo Fisher Scientific, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN ROE, Case No. 21-cv-07466-JD
Plaintiff,
ORDER SETTING BENCH TRIAL RE
v. FORMATION OF ARBITRATION
AGREEMENT
THERMO FISHER SCIENTIFIC, INC.,
Defendant.
This is an employment discrimination case that was removed from state court on diversity jurisdiction grounds. Dkt. No. 1. Defendant Thermo Fisher Scientific, Inc. has moved to compel arbitration. Dkt. No. 13. Because the making of the arbitration agreement is in dispute, a bench trial is required. The parties agree that the Federal Arbitration Act (FAA), 9 U.S.C. § 4, governs here. Dkt. No. 13 at 5-6; Dkt. No. 14 at 3. The first inquiry under the FAA is “whether a valid agreement to arbitrate exists.” Norcia v. Samsung Telecomms. America, LLC, 845 F.3d 1279, 1283 (9th Cir. 2017) (quotations and citations omitted). The party seeking to compel arbitration bears the burden of proof on that issue, id., and under the FAA, if the making of the arbitration agreement…