United States District Court, S.D. Indiana, Indianapolis Division
ORDER ON MOTION TO COMPEL ARBITRATION
J. Dinsmore United States Judge.
matter is before the Court on Defendants' Motion to
Compel Putative Opt-In Plaintiff Ogbonna Anih to Arbitration
and Dismiss Him From This Action. [Dkt. 35.] The Court
GRANTS IN PART and DENIES IN PART Defendants' Motion. For
the reasons set forth below, this action is stayed as to
Plaintiff Anih's claims only, pending
Plaintiff, Ogbonna Anih, is an Indiana resident who worked as
an Uber driver. At the heart of this case is Plaintiffs'
contention that Uber misclassifies its drivers as independent
contractors rather than employees resulting in the violation
of wage payment laws. Plaintiff Price brought this FLSA
action on behalf of himself and all other similarly situated
persons working as drivers in this district for Defendant
Uber Technologies, Inc.
Technologies is a technology company that offers a smartphone
application to connect riders looking for transportation to
drivers. Defendant Rasier LLC is a wholly owned subsidiary of
Uber Technologies (Defendants hereinafter collectively
referred to as “Uber”). Customers use their
smartphones to request rides through the Uber app. The
request is routed to the locally-available Uber drivers, who
use their own vehicles to pick-up and transport customers.
The customer pays through the Uber app and the driver is paid
directly by Uber for a portion of the fare collected from the
to using Uber's software to generate leads for riders,
potential drivers must enter into the Technology Services
Agreement (the “Agreement”). To enter the
Agreement, Anih had to sign into the Uber app and click the
appropriate hyperlink. The Agreement is then presented on the
screen and can be reviewed in its entirety by scrolling.
There is no time limitation to review the Agreement. To
advance past the “Agreement” screen, the driver
must first click “YES, I AGREE” and then click
“CONFIRM.” After confirming his acceptance of the
Agreement, it is automatically transmitted to Plaintiff's
personal Driver Portal, where he could review it or print it
at any time.
Agreement contains an Arbitration Provision, which provides,
in relevant part:
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 any
forum other than arbitration, with the exception of
proceedings that must be exhausted under applicable law
before pursuing a claim in a court of law or in any forum
other than arbitration. Except as it otherwise provides, 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
Except as provided in Section 15.3(v) below, regarding the
Class Action Waiver, 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.
[Dkt. 27-1 at 18 (emphasis in
driver accepts the Agreement, he may still opt out of the
Arbitration Provision. The Agreement provides:
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 Provision 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
email@example.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 . . .
[Dkt. 27-1 at 22.]
did not opt out of the Arbitration Provision. Uber now moves
to compel the ...