Capriole v. Uber Technologies, Inc.

Opinion

JOHN CAPRIOLE, et al., Case No. 20-cv-02211-EMC

Plaintiffs, ORDER DISMISSING CASE v. Docket No. 97 UBER TECHNOLOGIES, INC., et al., Defendants.

On May 14, 2020, the Court denied Plaintiffs’ Motion for Preliminary Injunction and granted Defendants’ Motion to Compel Arbitration. See Docket No. 96. There being no opposition by either party, the Court DISMISSES the case without prejudice. See Green Tree Fin. Corp.-Alabama v. Randolph, 531 U.S. 79, 87 n.2 (2000). Certification to the Ninth Circuit pursuant to 28 U.S.C. § 1292(b) is not necessary to effectuate appealability of this Court’s order. Unlike the district court in Gonzalez v. Coverall North America Inc., 754 Fed. App’x. 594 (9th Cir. 2019), this Court did not grant the motion to compel arbitration and stay the case, prompting the plaintiffs’ voluntary dismissal. Here, the Court is ordering that the case be dismissed. That order is final and appealable. See Interactive Flight Techs., Inc. v. Swissair Swiss Air Transp. Co., 249 F.3d 1177, 1179 (9th Cir. 2001). Dated: May 24, 2020 ______________________________________