O'Connell

O'Connell v. Celonis, Inc.

Good Law
United States District Court, Northern District of CaliforniaAugust 22, 20223:22-cv-02320California10,517 words

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,…

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