Bender v. Whitney et al

Filing 34

ORDER granting 27 Motion to Compel Arbitration; granting 27 Motion to Stay Action; denying 29 Motion to Dismiss; denying as moot 32 Motion for Arbitration. The arbitrating parties shall file a joint status report with the Court on the pr ogress of the proceedings every ninety (90) days until the arbitration is resolved. The Court further directs the Clerk to close this case for statistical purposes. Either party may move to reopen the case at anappropriate time. Signed by Chief Judge J. Randal Hall on 10/02/2018. (thb)

IN THE XmiTED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

MARLIECIA BENDER,

Plaintiff,
CV 118-054

V.

URBAN OUTFITTERS, INC.,
Defendant.

ORDER

Before the Court are the following motions: (1) Defendant's

Motion to Compel Arbitration

and Stay Action (Doc. 27); (2)

Plaintiff s Motion to Dismiss Compel Arbitration and Stay Action

(Doc. 29); and Plaintiff's Motion for Arbitration (Doc. 32).
On

August

10,

2018,

Defendant

Urban

Outfitters,

Inc.

fDefendant") filed its motion to compel arbitration citing to a
certain

"Mutual

Arbitration

Agreement."

Defendant

contends

Plaintiff Marliecia Bender ("Plaintiff") executed the agreement.

Defendant also requests that the Court stay this case pending
arbitration.

In

seeking

response.

to

Plaintiff,

dismiss

Plaintiff's

motion

arbitration

is

acting pro se, filed

Defendant's

motion

to

Defendant's

more

dismiss

properly

interpreted

opposition to Defendant's motion.
1560,

1582

(11th

Cir.

1992)

to

compel
motion

as

a

her

motion

arbitration.
to

compel

response

in

See S.E.C. v. Elliot, 953 F.2d

("When

interpreting . . . pro

se

papers, the Court should use common sense to determine what relief
the party desires.").
Plaintiff

filed

her

But after filing her motion to dismiss,
own

Motion

for

Arbitration

Marliecia Bender, will go to arbitration."

expressly

consents to

arbitration,

and

stating,

"I,

Plaintiff, therefore,

the

Court determines

arbitration is proper.^

Accordingly, it IS HEREBY ORDERED that Defendant's Motion to

Compel

Arbitration

and

Stay

Action

(Doc.

27)

is

GRANTED,

Plaintiff's Motion to Dismiss Compel Arbitration and Stay Action
(Doc. 29) is DENIED, and Plaintiff's Motion for Arbitration (Doc.
32) is DENIED AS MOOT.

The arbitrating parties SHALL file a joint

status report with the Court on the progress of the proceedings
every NINETY (90) DAYS until the arbitration is resolved.

The

Court further DIRECTS the Clerk to CLOSE this case for statistical

purposes.

Either

party may move to

appropriate time.

reopen the

case

at an

^

ORDER ENTERED at Augusta, Georgia, thi^-^ ^^day of October,
2018.

J. RANDAL/HALL, OTIEF JUDGE
UNITED STATES DISTRICT COURT

SQLLTHERN DISTRICT OF GEORGIA

- ^'[T]he FAA creates a presumption in favor of arbitrability; so,

parties must clearly express their intent to exclude categories of claims
from their arbitration agreement." Brown v. ITT Consumer Fin. Corp.,
211 F.3d 1217, 1222 (11th Cir. 2000). Unless excluded in the parties'
agreement. Title VII and retaliation claims are generally arbitrable.
Id. at 1221-24.

The Mutual Arbitration Agreement does not expressly

exclude Title VII or retaliation claims.

(Doc. 27-1, 5 3.)