O'Connell
O'Connell v. Celonis, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 SHAWN O'CONNELL, Case No. 22-cv-02320-WHO
Plaintiff,
ORDER DENYING MOTION TO
v. TRANSFER OR COMPEL AND
DENYING MOTION TO DISMISS
CELONIS, INC., Re: Dkt. Nos. 21, 22 Defendant.
Defendant Celonis, Inc. (“Celonis”) moves to transfer venue of this employment action to the Southern District of New York, or, in the alternative, to compel arbitration against plaintiff Shawn O’Connell. It alleges that I should enforce the forum selection clause in O’Connell’s offer letter from Celonis selecting the federal and state courts of New York as the jurisdiction for any disputes and, in the alternative, seeks enforcement of an agreement to arbitrate that O’Connell allegedly agreed to by using the website of a third-party (TriNet) that Celonis shared human resources and benefits-related employer responsibilities with. Because the forum selection clause violates Section 925 of the California Labor Code and the Section 1404 factors weigh against transfer,…