Summary
The United States District Court for the Western District of North Carolina grants Defendants’ motion to compel arbitration in Shawn S. Winsor’s employment-related ADA and FMLA action against USAA and Juan C. Andrade. The court finds that Winsor agreed to arbitrate employment-related disputes and stays the action pending completion of arbitration.
Holdings
- The court held that Winsor's dispute with USAA was covered by the parties' written arbitration agreement and ordered the parties to arbitrate the dispute.
- The court held that the action should be stayed, rather than dismissed, pending completion of arbitration.
Questions Presented
- Whether Winsor's employment-related ADA and FMLA claims were subject to a valid and enforceable arbitration agreement.
- Whether the action should be dismissed or stayed after the court compelled arbitration.
Disposition
remanded
Cases Cited (11)
- Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983)(followed)
- AT&T Mobility LLC v. Concepcion, AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011)(followed)
- Galloway v. Santander Consumer USA, Inc., 819 F.3d 79, 84 (4th Cir. 2016)(followed)
- Chorley Enters., Inc. v. Dickey's Barbecue Rests., Inc., 807 F.3d 553, 563 (4th Cir. 2015)(followed)
- Choice Hotels Int'l, Inc. v. BSR Tropicana Resort, Inc., 252 F.3d 707, 710 (4th Cir. 2001)(followed in part)
- Adkins v. Labor Ready, Inc., 303 F.3d 496, 500-01 (4th Cir. 2002)(followed)
- Green Tree Fin. Corp.-Ala. v. Randolph, 531 U.S. 79, 81 (2000)(followed)
- Smith v. Spizzirri, 601 U.S. 472, 475-76 (2024)(followed)
- Wake Cnty. Bd. of Educ. v. Dow Roofing Sys., LLC, 792 F. Supp. 2d 897, 900 (E.D.N.C. 2011)(followed in part)
- Silkworm Screen Printers, Inc. v. Abrams, No. 91-1631, 1992 WL 317187, at *6 (4th Cir. Nov. 4, 1992)(followed in part)
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Cited In (0)
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Court Document
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