Paychex Advance LLC v. Deploy HR, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAYCHEX ADVANCE LLC, Case No. 21-cv-04685-WHO

Plaintiff,

ORDER ON MOTION FOR SUMMARY

v. JUDGMENT

DEPLOY HR, INC., Re: Dkt. No. 72 Defendant.

Plaintiff Paychex Advance LLC moves for full or partial summary judgment on its claims against defendant Deploy HR, Inc. Dkt. No. 72. The dispute between these two parties is whether Deploy is required to pay Paychex amounts that Deploy would otherwise be required to pay to third-party PEI Staffing, LLC based on staffing services that PEI provided to Deploy. For the reasons explained below, Paychex’s motion is GRANTED in limited part and otherwise DENIED. BACKGROUND I. THE SSA BETWEEN PEI AND DEPLOY It is undisputed that PEI provided staffing services to Deploy under a Subcontractor Supplier Agreement (“SSA”) beginning in May or June 2017, when Deploy employees were transferred to PEI’s payroll. The SSA and a related Management Services…