![]() The net effect of these waivers is that any courier with a legal claim against Postmates is limited to filing an individual arbitration demand with the designated arbitrator, the American Arbitration Association ("AAA"). ![]() including but not limited to, claims brought under any state's Private Attorneys General Act (PAGA)." Id. The Representative Action Waiver similarly bars couriers from bringing "any dispute or claim. as a class and/or collective action" or "participat in any class and/or collective action." Id. ![]() The Class Action Waiver bars couriers from bringing "any dispute or claim. § 10B.iii (Representative Action Waiver). Within the Mutual Arbitration Provision are a Class Action Waiver and Representative Action Waiver. For simplicity, citations in this Order are to the 2018 Agreement. § 10B.i.īoth the 20 versions of the Fleet Agreement are relevant to this action and contain the same Mutual Arbitration Provision and Class Action Waiver, albeit in different sections. The demand must include: "(1) the name and address of the Party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought." Id. To initiate an arbitration, either party to the Fleet Agreement must notify the other party by certified mail or by hand delivery of the arbitration demand. The agreement contains a Mutual Arbitration Provision, which requires that all disputes between couriers and Postmates be resolved "through final and binding arbitration instead of filing a lawsuit in court." Fleet Agt. To work for Postmates, all couriers must sign Postmates' Fleet Agreement, which classifies them as independent contractors, not employees. Petitioners are 5,257 individuals who work as "couriers" (i.e., delivery drivers) for Postmates, an entity that operates a food delivery platform and mobile app. The Court, in its discretion, finds this matter suitable for resolution without oral argument. Having read and considered the papers filed in connection with this matter and being fully informed, the Court hereby DENIES the Motion to Stay for the reasons set forth below. This matter is presently before the Court on Respondent Postmates, Inc.'s ("Postmates") Motion to Stay Order Granting in Part and Denying in Part Cross-Motions Pending Appeal ("Motion to Stay"). ![]() SAUNDRA BROWN ARMSTRONG Senior United States District Judge ORDER DENYING POSTMATES' MOTION TO STAY PENDING APPEAL ![]()
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