Summary
The United States District Court for the Western District of Tennessee granted in part Introl Solutions’ motion to compel arbitration and strike or dismiss consent forms in an FLSA collective action. The court compelled named plaintiff Ivan Meshcheriakov and three opt-in plaintiffs who signed the same arbitration agreement to individual arbitration, declined to dismiss the remaining opt-in plaintiffs, and stayed the case pending arbitration.
Holdings
- When a party challenges the contract as a whole but does not specifically challenge the delegation provision, the court must enforce the delegation provision and leave the threshold unconscionability issue to the arbitrator.
- Meshcheriakov must arbitrate all pending claims against Introl, and the action must be stayed pending the outcome of binding arbitration.
- Kristians Zaluckis, Mykhailo Meshcheriakov, and Maksim Kuts are also compelled to individual arbitration if they wish to pursue their claims.
- The remaining opt-in plaintiffs will not be dismissed or have their consent forms stricken; instead, the case will be stayed as to all parties.
Questions Presented
- Whether Meshcheriakov's challenge to the arbitration agreement as unconscionable, without specifically challenging the delegation provision, had to be decided by the arbitrator rather than the court.
- Whether Meshcheriakov should be compelled to arbitrate his pending claims against Introl and whether the action should be stayed under the Federal Arbitration Act.
- Whether the opt-in plaintiffs' consent forms should be dismissed or stricken after the sole named plaintiff was compelled to arbitration.
- Whether the three opt-in plaintiffs who signed the 2023 Arbitration Agreement should likewise be compelled to individual arbitration.
Disposition
other
Cases Cited (7)
- Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 218 (1985)(followed)
- Blanton v. Domino's Pizza Franchising LLC, 962 F.3d 842, 846 (6th Cir. 2020)(followed)
- Rent-A-Center, W., Inc. v. Jackson, 561 U.S. 63, 66, 70, 72-73, 76 (2010)(followed)
- Stout v. J.D. Byrider, 228 F.3d 709, 714 (6th Cir. 2000)(followed)
- White v. Baptist Mem'l Health Care Corp., 699 F.3d 869, 878 (6th Cir. 2012)(followed)
- Hutchins v. Great Lakes Home Health Servs., Inc., No. 17-CV-10210, 2017 WL 3278209, at *3 (E.D. Mich. Aug. 2, 2017)(distinguished)
- Clark v. A&L Homecare & Training Ctr., LLC, 68 F.4th 1003, 1009 (6th Cir. 2023)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…