UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
LANCE C. WELLS,
Case No. 23-cv-06263-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO DISMISS MAPLEBEAR INC. dba INSTACART, 50 Beale St. #600, San Francisco, CA 94105, Defendant.
I. INTRODUCTION Plaintiff Lance C. Wells brings a First Amendment claim under 42 U.S.C. § 1983 averring Defendant Maplebear Inc. (“Instacart”) impermissibly interfered with his freedom of speech by coercing him into signing a settlement agreement with an “extremely broad” non-disparagement clause. Dkt. 1, at 2. Wells contends Instacart is a state actor for purposes of his First Amendment claim. Instacart moves to dismiss Wells’ suit on, in part, res judicata grounds. For the reasons explained below, Instacart’s motion to dismiss is granted. Wells’ motion for relief from automatic referral to Alternative Dispute Resolution is denied as moot. II. BACKGROUND1 …