Michno

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PHILIP MICHNO, Case No. 22-cv-00396-JD

Plaintiff,

ORDER SETTING BENCH TRIAL RE

v. FORMATION OF ARBITRATION

AGREEMENT

DISH WIRELESS L.L.C., et al.,

Defendants.

12 Plaintiff Philip Michno alleges that defendant DISH Wireless (Boost) allowed a hacker to access his cellular phone services, which resulted in the theft of his identity and approximately $180,000 of cryptocurrency. Dkt. No. 1-1, Ex. A ¶¶ 1-7. Boost removed the case from state court on federal question and diversity jurisdiction grounds and has moved to compel arbitration. Dkt. Nos. 1, 15. Because the making of an agreement to arbitrate 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. 15 at v; Dkt. No. 17 at 9. 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)…