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Lee also did not choose to oppose the compromise clause of the 2017 fleet agreement, which it could have done within 30 days of the adoption of the 2017 Fleet Agreement. Decl.B maps. The fleet agreement does not offer a new opportunity to opt out if changes are made to the agreement, unless such changes have a significant effect on the compromise clause, which Lee did not assert here. Id. Ex.B 11B (ix); Compare id. Ex.B (2017 Fleet Agreement) 11B with id. Ex.C (2018 Fleet Agreement, reflecting materially identical arbitration conditions) Although Lee attempted to withdraw from the 2018 fleet agreement on May 22 and 23, 2018, it was not justified at that date. Campbell-Response-Decl. DNA Brands has secured friendly financing to launch the process of purchasing the fleet. The company intends to continue to expand its fleet monthly with cars. The company has also begun a registration statement of reg A, in collaboration with a committed funder. Once the Reg A is accepted by the supervisory authorities, the company will be better able to introduce vehicles at a higher speed into the fleet. The agreement recognizes ABB as a certified application provider for collaboration with Fleet Data, the IoT platform developed by Inmarsat and Danelec Marine, which collects information from embedded sensors, pre-processes them and downloads them to a secure cloud database.

Postmates reiterates its argument in its response that the compromise clause of the fleet agreement covers all claims at issue. Reply re Arbitration (dkt. 23) at 2-3. Postmates asserts that the addition of Timmerman and Albert as additional applicants would not affect Lee`s rights and that the bickerstaff decision of the Georgia Supreme Court is not applicable here and is not compatible with the FAA. According to The 4-6 Postmates, the carrier exception by the FAA does not apply because couriers are not sufficiently active in intergovernmental trade and because, as independent contractors, they do not have „employment contracts“, although Postmates requests that the Court of Justice, if the Court of Justice considers the latter issue to be temporary, does not make a decision until the Supreme Court rules on a pending case. likely to rule. independent contractors are covered by the exception. Id. at 6-9.

Postmates also argues that, contrary to the authority of the ninth circle, the question of whether the exception applies must be decided for the arbitrator and again asks the court not to make a decision on this issue until the Supreme Court considers it. Id. at 9-10. If the exception does not apply to independent contractors, the Court cannot consider as a threshold that couriers are employees, as this wrongly allows potential class members, before certifying the class, to decide, after a substantial decision, whether to leave the class. Id. at 10-11. Postmates also contends that Lee does not seek a public action in the context of UCL and the FAA and that it does approve the fleet agreement and its arbitration provision. Id. at 11-15. Postmates again asks the court to maintain all remaining claims until arbitration.