Marcelo
Marcelo v. Amazon.com,Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELSON MARCELO, et al., Case No. 21-cv-07843-JD
Plaintiffs,
ORDER RE TRANSFER
v.
AMAZON.COM,INC., et al., Defendants.
12 Plaintiffs are sixteen individuals from California who agreed to deliver packages for defendants Amazon.com, Inc. and Amazon Logistics, Inc. (together, Amazon), through a smartphone app called Amazon Flex. Dkt. No. 1 ¶¶ 1-20. Plaintiffs say that they were misclassified as independent contractors rather than Amazon employees. Id. ¶¶ 26-42. They allege a dozen federal and California labor law claims against Amazon. Id. ¶¶ 61-119. Amazon has asked to compel arbitration of the claims and dismiss the complaint, or, in the alternative, to transfer, dismiss, or stay the case under the first-to-file rule. Dkt. No. 41. Transfer is ordered to the Western District of Washington. BACKGROUND This case is one of several lawsuits alleging that Amazon misclassified Amazon Flex delivery drivers as independent…