ORTIZ v. RANDSTAD INHOUSE SERVICES, LLC

No. 23-55147 No. 23-55149.

95 F.4th 1152 (2024)

Adan ORTIZ, an individual and on behalf of all others similarly situated, Plaintiff-Appellee, v. RANDSTAD INHOUSE SERVICES, LLC, a Delaware limited liability company; Randstad North America, Inc., a Delaware corporation, Defendants-Appellants, and XPO Logistics, Inc., a Delaware corporation; XPO Logistics, LLC, a Delaware corporation; XPO Logistics Supply Chain, Inc.; Does, 1 through 50, inclusive, Defendants. Adan Ortiz, an individual and on behalf of all others similarly situated, Plaintiff-Appellee, v. XPO Logistics, Inc., a Delaware corporation; XPO Logistics, LLC, a Delaware corporation; XPO Logistics Supply Chain, Inc., Defendants-Appellants, and Randstad Inhouse Services, LLC, a Delaware limited liability company; Randstad North America, Inc., a Delaware corporation; Does, 1 through 50, inclusive, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed March 12, 2024.


Attorney(s) appearing for the Case

Kiran A. Seldon (argued), Jessica C. Koenig , and Daniel C. Whang , Seyfarth Shaw LLP, Los Angeles, California; Timothy L. Johnson (argued), Jesse C. Ferrantella , and Cameron O. Flynn , Ogletree Deakins Nash Smoak & Stewart PC, San Diego, California; for Defendants-Appellants.

Thomas A. Segal (argued), Chaim S. Setareh , and Farrah Grant , Setareh Law Group, Beverly Hills, California, for Plaintiff-Appellee.

Before: Carlos T. Bea, Milan D. Smith, Jr., and Lawrence VanDyke, Circuit Judges.


OPINION

After several stints of temporary employment with Randstad Inhouse Services, LLC, and GXO Logistics Supply Chain, Inc., Adan Ortiz sued his former employers.1 Pursuant to the arbitration agreement in Ortiz's employment contract, the employers moved to compel arbitration. Though...

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