COMB v. PAYPAL, INC.

Nos. C-02-1227 JF (PVT), C-02-2777 JF (PVT).

218 F.Supp.2d 1165 (2002)

Craig COMB and Roberta Toher, on behalf of themselves and all others similarly situated and on behalf of the general public of the United States, Plaintiffs, v. PAYPAL, INC., Defendant. Jeffrey Resnick, on behalf of himself and all others similarly situated and on behalf of the general public of the United States, Plaintiffs, v. PayPal, Inc., Defendant.

United States District Court, N.D. California, San Jose Division.

August 30, 2002.


Attorney(s) appearing for the Case

Gary A. Peterson, Jacoby & Meyers, Oakland, CA, Patricia I. Avery, Wolf Popper, LLP, New York City, for Jeffrey Resnick.

David J. Brown, Michael Shawn Connell, Brobeck, Phleger & Harrison, LLP, San Francisco, CA, David S. Harris, Brobeck, Phleger & Harrison, LLP, East Palo Alto, CA, Molly Moriarty Lane, Stephanie Johnson, Brobeck, Phleger & Harrison, Palo Alto, CA, for PayPal, Inc.

Ann Saponara, Daniel C. Girard, Eric H. Gibbs, James A.N. Smith, Rosemary M. Rivas, Girard, Gibbs & De Bartolomeo, LLP, San Francisco, CA, for Mark Fawcett, Craig Comb, and Roberta Toher.


ORDER DENYING MOTIONS TO COMPEL INDIVIDUAL ARBITRATION

FOGEL, District Judge.

Plaintiffs seek injunctive relief and related remedies on behalf of a purported nationwide class for alleged violations of state and federal law by Defendant PayPal, Inc. ("PayPal"). PayPal moves to compel individual arbitration pursuant to the arbitration clause contained in its standard User Agreement and the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq....

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