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Sena v. Uber Technologies Inc.

United States District Court, D. Arizona

April 7, 2016

David Sena, Plaintiff,
v.
Uber Technologies Incorporated, et al., Defendants.

ORDER

Douglas L. Rayes, United States District Judge.

Before the Court is Defendants Uber Technologies, Inc. and Rasier, LLC’s Motion to Dismiss, Compel Individual Arbitration and Strike Class Allegations.[1] (Doc. 12.) For the following reasons, Defendants’ motion is granted.[2]

BACKGROUND

“Uber is a car service that provides drivers who can be hailed and dispatched through a mobile application.” (Doc. 1-1, ¶ 16.) Rasier is a subsidiary of Uber. (Id., ¶ 3.) Plaintiff David Sena worked for Uber as an UberX driver from December 2012 through the end of 2014. (Id., ¶ 19.) On June 21, 2014, via smartphone application, Sena electronically agreed to abide by the terms of the “Rasier Software Sublicense & Online Services Agreement” (the “Rasier Agreement”), (Doc 12-1 at 6-22), which includes an Arbitration Provision, (Id. at 16-20).[3] The Arbitration Provision provides, in relevant part:

IMPORTANT: This arbitration provision will require you to resolve any claim that you may have against the Company or Uber on an individual basis pursuant to the terms of the Agreement unless you choose to opt out of the arbitration provision. This provision will preclude you from bringing any class, collective, or representative action against the Company or Uber. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against the Company or Uber by someone else.

(Id. at 16.) It further provides:

Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. This Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action.

(Id. at 17 (emphasis in original).) It also contains a Delegation Clause, which provides:

Such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an Arbitrator and not by a court or judge.

(Id.) Near the end of the Arbitration Provision, there is a section entitled “Your Right to Opt Out of Arbitration, ” which states:

Arbitration is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration by notifying the Company in writing of your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the date this Agreement is executed by you, electronic mail to optout@uber.com, stating your name and intent to opt out of the Arbitration Provision or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal; Express, etc.), or by hand delivery to [Raiser’s legal department].

(Id. at 20 (emphasis in original).)

On September 18, 2015, Sena filed a seven count class action complaint on behalf of former and current Uber drivers against Defendants in Maricopa County Superior Court. (Doc. 1-1.) On November 25, 2015, Defendants removed the case to this Court pursuant to 28 U.S.C. ยง 1332. (Doc. 1.) Shortly thereafter, Defendants moved to dismiss the action, compel ...


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