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Civil Rights: Jobs | Hawaii
2 - Set Motion Deadlines/Hearings (inc F&R)
EO: Plaintiff opposes Defendants' Motion to Compel Arbitration and Stay Proceedings, ECF No. 9 , in part, by claiming that he never entered into (or does not recall entering into) an arbitration agreement, see ECF No. 11 . But no party addresses the standard set forth in Knapke v. PeopleConnect, Inc., 38 F.4th 824 (9th Cir. 2022). That is, in applying the FAA's procedural framework to instances where "the making of the arbitration agreement... be in issue," the court relies "on the summary judgment standard of Rule 56 of the Federal Rules of Civil Procedure." Knapke, 38 F.4th at 831 (quoting 9 U.S.C. § 4; Hansen v. LMB Mortg. Servs., Inc., 1 F.4th 667, 670 (9th Cir. 2022)). Accordingly, "a court is not authorized to dispose of a motion to compel arbitration until after [material] factual disputes have been resolved." Id. (quoting Hanson, 1 F.4th at 670). The parties should be prepared to address at the motion hearing on August 3, 2026, the application of the summary judgment standard on the issue of arbitrability.
(JUDGE J. MICHAEL SEABRIGHT)(rlfh)
Civil Rights: Employment | Oregon
Order
Order on In Camera Review. Signed on 7/30/2026 by Magistrate Judge Youlee Yim You. (pvh)
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