Saxon v. Southwest Airlines Co.

Filing 14

MEMORANDUM by Southwest Airlines Co. in support of motion to dismiss #13 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Siebert, Melissa)

Exhibit D

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION
To ensure your demand is processed promptly, please include a copy of the Arbitration Agreement, Plan or Contract.
Mediation: If you would like the AAA to contact the other parties and attempt to arrange mediation, please check this box

Parties (Claimant)
Name of Claimant: Jeff Battles
Address: 4325 W. Cullerton
City: Chicago

State: Illinois

Phone No.: [phone]

Fax No.:

Zip Code: 60623

Email Address: [e-mail]
Representative’s Name (if known): Andrew C. Ficzko
Firm (if applicable): Stephan Zouras, LLP
Representative’s Address: 100 N. Riverside Plaza, Ste. 2150
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]

Parties (Respondent)
Name of Respondent: Southwest Airlines Co.
Address:
City:

State: Select...

Phone No.:

Fax No.:

Zip Code:

Email Address:
Representative’s Name (if known): Melissa A. Siebert & Bonnie DelGobbo
Firm (if applicable): Baker & Hostetler, LLP
Representative’s Address: 191 N. Wacker Drive.
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]
Claim: What was/is the employee/worker’s annual wage range?
Note: This question is required by California law.

Less than $100,000

Amount of Claim:
Claim involves:

Statutorily Protected Rights

Non-Statutorily Protected Rights

$100,000-$250,000

Over $250,000

.

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION

In detail, please describe the nature of each claim. You may attach additional pages if necessary:
See attached Complaint.

Other Relief Sought:

Attorneys Fees

Interest

Arbitration Costs

Punitive/ Exemplary

Other: See attached Complaint.
Please describe the qualifications for arbitrator(s) to hear this dispute:
Experienced in wage and hour disputes.

Hearing: Estimated time needed for hearings overall:

hours or

days

Hearing Locale: Chicago, IL
(check one)

Requested by Claimant

Locale provision included in the contract

Filing Fee requirement or $300 (max amount per AAA)
Filing by Company:

$2,200 single arbitrator

$2,800 three arbitrator panel

Notice: To begin proceedings, please send a copy of this Demand and the Arbitration Agreement, along with filing fee as
provided for in the Rules, to: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ
08043. Send the original Demand to the Respondent.
Signature (may be signed by a representative):

Date:

s/ Andrew C. Ficzko

1/9/19

Pursuant to Section 1284.3 of the California Code of Civil Procedure, consumers with a gross monthly income of less than 300% of
the federal poverty guidelines are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. This law applies to all
consumer agreements subject to the California Arbitration Act, and to all consumer arbitrations conducted in California. Only those
disputes arising out of employer plans are included in the consumer definition. If you believe that you meet these requirements, you
must submit to the AAA a declaration under oath regarding your monthly income and the number of persons in your household.
Please contact the AAA’s Western Case Management Center at1-800-778-7879. If you have any questions regarding the waiver of
administrative fees, AAA Case Filing Services can be reached at 877-495-4185. Please visit our website at www.adr.org if you would
like to file this case online. AAA Customer Service can be reached at 800-778-7879.

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION
To ensure your demand is processed promptly, please include a copy of the Arbitration Agreement, Plan or Contract.
Mediation: If you would like the AAA to contact the other parties and attempt to arrange mediation, please check this box

Parties (Claimant)
Name of Claimant: Darrell Crooms
Address: 52 18th Ave. South
City: Birmingham

State: Alabama

Phone No.: [phone]

Fax No.:

Zip Code: 35205

Email Address: [e-mail]
Representative’s Name (if known): Andrew C. Ficzko
Firm (if applicable): Stephan Zouras, LLP
Representative’s Address: 100 N. Riverside Plaza, Ste. 2150
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]

Parties (Respondent)
Name of Respondent: Southwest Airlines Co.
Address:
City:

State: Select...

Phone No.:

Fax No.:

Zip Code:

Email Address:
Representative’s Name (if known): Melissa A. Siebert & Bonnie DelGobbo
Firm (if applicable): Baker & Hostetler, LLP
Representative’s Address: 191 N. Wacker Drive.
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]
Claim: What was/is the employee/worker’s annual wage range?
Note: This question is required by California law.

Less than $100,000

Amount of Claim:
Claim involves:

Statutorily Protected Rights

Non-Statutorily Protected Rights

$100,000-$250,000

Over $250,000

.

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION

In detail, please describe the nature of each claim. You may attach additional pages if necessary:
See attached Complaint.

Other Relief Sought:

Attorneys Fees

Interest

Arbitration Costs

Punitive/ Exemplary

Other: See attached Complaint.
Please describe the qualifications for arbitrator(s) to hear this dispute:
Experienced in wage and hour disputes.

Hearing: Estimated time needed for hearings overall:

hours or

days

Hearing Locale: Chicago, IL
(check one)

Requested by Claimant

Locale provision included in the contract

Filing Fee requirement or $300 (max amount per AAA)
Filing by Company:

$2,200 single arbitrator

$2,800 three arbitrator panel

Notice: To begin proceedings, please send a copy of this Demand and the Arbitration Agreement, along with filing fee as
provided for in the Rules, to: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ
08043. Send the original Demand to the Respondent.
Signature (may be signed by a representative):

Date:

s/ Andrew C. Ficzko

1/9/19

Pursuant to Section 1284.3 of the California Code of Civil Procedure, consumers with a gross monthly income of less than 300% of
the federal poverty guidelines are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. This law applies to all
consumer agreements subject to the California Arbitration Act, and to all consumer arbitrations conducted in California. Only those
disputes arising out of employer plans are included in the consumer definition. If you believe that you meet these requirements, you
must submit to the AAA a declaration under oath regarding your monthly income and the number of persons in your household.
Please contact the AAA’s Western Case Management Center at1-800-778-7879. If you have any questions regarding the waiver of
administrative fees, AAA Case Filing Services can be reached at 877-495-4185. Please visit our website at www.adr.org if you would
like to file this case online. AAA Customer Service can be reached at 800-778-7879.

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION
To ensure your demand is processed promptly, please include a copy of the Arbitration Agreement, Plan or Contract.
Mediation: If you would like the AAA to contact the other parties and attempt to arrange mediation, please check this box

Parties (Claimant)
Name of Claimant: Stephanie HIll
Address: 6615 Grand Ave., 1C
City: Hammond

State: Indiana

Phone No.: [phone]

Fax No.:

Zip Code: 46323

Email Address: [e-mail]
Representative’s Name (if known): Andrew C. Ficzko
Firm (if applicable): Stephan Zouras, LLP
Representative’s Address: 100 N. Riverside Plaza, Ste. 2150
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]

Parties (Respondent)
Name of Respondent: Southwest Airlines Co.
Address:
City:

State: Select...

Phone No.:

Fax No.:

Zip Code:

Email Address:
Representative’s Name (if known): Melissa A. Siebert & Bonnie DelGobbo
Firm (if applicable): Baker & Hostetler, LLP
Representative’s Address: 191 N. Wacker Drive.
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]
Claim: What was/is the employee/worker’s annual wage range?
Note: This question is required by California law.

Less than $100,000

Amount of Claim:
Claim involves:

Statutorily Protected Rights

Non-Statutorily Protected Rights

$100,000-$250,000

Over $250,000

.

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION

In detail, please describe the nature of each claim. You may attach additional pages if necessary:
See attached Complaint.

Other Relief Sought:

Attorneys Fees

Interest

Arbitration Costs

Punitive/ Exemplary

Other: See attached Complaint.
Please describe the qualifications for arbitrator(s) to hear this dispute:
Experienced in wage and hour disputes.

Hearing: Estimated time needed for hearings overall:

hours or

days

Hearing Locale: Chicago, IL
(check one)

Requested by Claimant

Locale provision included in the contract

Filing Fee requirement or $300 (max amount per AAA)
Filing by Company:

$2,200 single arbitrator

$2,800 three arbitrator panel

Notice: To begin proceedings, please send a copy of this Demand and the Arbitration Agreement, along with filing fee as
provided for in the Rules, to: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ
08043. Send the original Demand to the Respondent.
Signature (may be signed by a representative):

Date:

s/ Andrew C. Ficzko

1/9/19

Pursuant to Section 1284.3 of the California Code of Civil Procedure, consumers with a gross monthly income of less than 300% of
the federal poverty guidelines are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. This law applies to all
consumer agreements subject to the California Arbitration Act, and to all consumer arbitrations conducted in California. Only those
disputes arising out of employer plans are included in the consumer definition. If you believe that you meet these requirements, you
must submit to the AAA a declaration under oath regarding your monthly income and the number of persons in your household.
Please contact the AAA’s Western Case Management Center at1-800-778-7879. If you have any questions regarding the waiver of
administrative fees, AAA Case Filing Services can be reached at 877-495-4185. Please visit our website at www.adr.org if you would
like to file this case online. AAA Customer Service can be reached at 800-778-7879.

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION
To ensure your demand is processed promptly, please include a copy of the Arbitration Agreement, Plan or Contract.
Mediation: If you would like the AAA to contact the other parties and attempt to arrange mediation, please check this box

Parties (Claimant)
Name of Claimant: John Lopez
Address: 12537 S. Keeler Ave.
City: Alsip

State: Illinois

Phone No.: [phone]

Fax No.:

Zip Code: 60803

Email Address: [e-mail]
Representative’s Name (if known): Andrew C. Ficzko
Firm (if applicable): Stephan Zouras, LLP
Representative’s Address: 100 N. Riverside Plaza, Ste. 2150
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]

Parties (Respondent)
Name of Respondent: Southwest Airlines Co.
Address:
City:

State: Select...

Phone No.:

Fax No.:

Zip Code:

Email Address:
Representative’s Name (if known): Melissa A. Siebert & Bonnie DelGobbo
Firm (if applicable): Baker & Hostetler, LLP
Representative’s Address: 191 N. Wacker Drive.
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]
Claim: What was/is the employee/worker’s annual wage range?
Note: This question is required by California law.

Less than $100,000

Amount of Claim:
Claim involves:

Statutorily Protected Rights

Non-Statutorily Protected Rights

$100,000-$250,000

Over $250,000

.

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION

In detail, please describe the nature of each claim. You may attach additional pages if necessary:
See attached Complaint.

Other Relief Sought:

Attorneys Fees

Interest

Arbitration Costs

Punitive/ Exemplary

Other: See attached Complaint.
Please describe the qualifications for arbitrator(s) to hear this dispute:
Experienced in wage and hour disputes.

Hearing: Estimated time needed for hearings overall:

hours or

days

Hearing Locale: Chicago, IL
(check one)

Requested by Claimant

Locale provision included in the contract

Filing Fee requirement or $300 (max amount per AAA)
Filing by Company:

$2,200 single arbitrator

$2,800 three arbitrator panel

Notice: To begin proceedings, please send a copy of this Demand and the Arbitration Agreement, along with filing fee as
provided for in the Rules, to: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ
08043. Send the original Demand to the Respondent.
Signature (may be signed by a representative):

Date:

s/ Andrew C. Ficzko

1/9/19

Pursuant to Section 1284.3 of the California Code of Civil Procedure, consumers with a gross monthly income of less than 300% of
the federal poverty guidelines are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. This law applies to all
consumer agreements subject to the California Arbitration Act, and to all consumer arbitrations conducted in California. Only those
disputes arising out of employer plans are included in the consumer definition. If you believe that you meet these requirements, you
must submit to the AAA a declaration under oath regarding your monthly income and the number of persons in your household.
Please contact the AAA’s Western Case Management Center at1-800-778-7879. If you have any questions regarding the waiver of
administrative fees, AAA Case Filing Services can be reached at 877-495-4185. Please visit our website at www.adr.org if you would
like to file this case online. AAA Customer Service can be reached at 800-778-7879.

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION
To ensure your demand is processed promptly, please include a copy of the Arbitration Agreement, Plan or Contract.
Mediation: If you would like the AAA to contact the other parties and attempt to arrange mediation, please check this box

Parties (Claimant)
Name of Claimant: Steven Spencer
Address: 14558 Kedvale Ave.
City: Midlothian

State: Illinois

Phone No.: [phone]

Fax No.:

Zip Code: 60445

Email Address: [e-mail]
Representative’s Name (if known): Andrew C. Ficzko
Firm (if applicable): Stephan Zouras, LLP
Representative’s Address: 100 N. Riverside Plaza, Ste. 2150
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]

Parties (Respondent)
Name of Respondent: Southwest Airlines Co.
Address:
City:

State: Select...

Phone No.:

Fax No.:

Zip Code:

Email Address:
Representative’s Name (if known): Melissa A. Siebert & Bonnie Keane DelGobbo
Firm (if applicable): Baker & Hostetler, LLP
Representative’s Address: 191 N. Wacker Drive.
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]
Claim: What was/is the employee/worker’s annual wage range?
Note: This question is required by California law.

Less than $100,000

Amount of Claim:
Claim involves:

Statutorily Protected Rights

Non-Statutorily Protected Rights

$100,000-$250,000

Over $250,000

.

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION

In detail, please describe the nature of each claim. You may attach additional pages if necessary:
See attached Complaint.

Other Relief Sought:

Attorneys Fees

Interest

Arbitration Costs

Punitive/ Exemplary

Other: See attached Complaint.
Please describe the qualifications for arbitrator(s) to hear this dispute:
Experienced in wage and hour disputes.

Hearing: Estimated time needed for hearings overall:

hours or

days

Hearing Locale: Chicago, IL
(check one)

Requested by Claimant

Locale provision included in the contract

Filing Fee requirement or $300 (max amount per AAA)
Filing by Company:

$2,200 single arbitrator

$2,800 three arbitrator panel

Notice: To begin proceedings, please send a copy of this Demand and the Arbitration Agreement, along with filing fee as
provided for in the Rules, to: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ
08043. Send the original Demand to the Respondent.
Signature (may be signed by a representative):

Date:

s/ Andrew C. Ficzko

1/9/19

Pursuant to Section 1284.3 of the California Code of Civil Procedure, consumers with a gross monthly income of less than 300% of
the federal poverty guidelines are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. This law applies to all
consumer agreements subject to the California Arbitration Act, and to all consumer arbitrations conducted in California. Only those
disputes arising out of employer plans are included in the consumer definition. If you believe that you meet these requirements, you
must submit to the AAA a declaration under oath regarding your monthly income and the number of persons in your household.
Please contact the AAA’s Western Case Management Center at1-800-778-7879. If you have any questions regarding the waiver of
administrative fees, AAA Case Filing Services can be reached at 877-495-4185. Please visit our website at www.adr.org if you would
like to file this case online. AAA Customer Service can be reached at 800-778-7879.

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION
To ensure your demand is processed promptly, please include a copy of the Arbitration Agreement, Plan or Contract.
Mediation: If you would like the AAA to contact the other parties and attempt to arrange mediation, please check this box

Parties (Claimant)
Name of Claimant: Lerome Thomas
Address: 11550 S. Lafayette Ave.
City: Chicago

State: Illinois

Phone No.: [phone]

Fax No.:

Zip Code: 60628

Email Address: [e-mail]
Representative’s Name (if known): Andrew C. Ficzko
Firm (if applicable): Stephan Zouras, LLP
Representative’s Address: 100 N. Riverside Plaza, Ste. 2150
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]

Parties (Respondent)
Name of Respondent: Southwest Airlines Co.
Address:
City:

State: Select...

Phone No.:

Fax No.:

Zip Code:

Email Address:
Representative’s Name (if known): Melissa A. Siebert & Bonnie DelGobbo
Firm (if applicable): Baker & Hostetler, LLP
Representative’s Address: 191 N. Wacker Drive.
City: Chicago

State: Illinois

Zip Code: 60606

Phone No.: [phone]

Fax No.: [phone]

Email Address: [e-mail] & [e-mail]
Claim: What was/is the employee/worker’s annual wage range?
Note: This question is required by California law.

Less than $100,000

Amount of Claim:
Claim involves:

Statutorily Protected Rights

Non-Statutorily Protected Rights

$100,000-$250,000

Over $250,000

.

EMPLOYMENT ARBITRATION RULES
DEMAND FOR ARBITRATION

In detail, please describe the nature of each claim. You may attach additional pages if necessary:
See attached Complaint.

Other Relief Sought:

Attorneys Fees

Interest

Arbitration Costs

Punitive/ Exemplary

Other: See attached Complaint.
Please describe the qualifications for arbitrator(s) to hear this dispute:
Experienced in wage and hour disputes.

Hearing: Estimated time needed for hearings overall:

hours or

days

Hearing Locale: Chicago, IL
(check one)

Requested by Claimant

Locale provision included in the contract

Filing Fee requirement or $300 (max amount per AAA)
Filing by Company:

$2,200 single arbitrator

$2,800 three arbitrator panel

Notice: To begin proceedings, please send a copy of this Demand and the Arbitration Agreement, along with filing fee as
provided for in the Rules, to: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ
08043. Send the original Demand to the Respondent.
Signature (may be signed by a representative):

Date:

s/ Andrew C. Ficzko

1/9/19

Pursuant to Section 1284.3 of the California Code of Civil Procedure, consumers with a gross monthly income of less than 300% of
the federal poverty guidelines are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. This law applies to all
consumer agreements subject to the California Arbitration Act, and to all consumer arbitrations conducted in California. Only those
disputes arising out of employer plans are included in the consumer definition. If you believe that you meet these requirements, you
must submit to the AAA a declaration under oath regarding your monthly income and the number of persons in your household.
Please contact the AAA’s Western Case Management Center at1-800-778-7879. If you have any questions regarding the waiver of
administrative fees, AAA Case Filing Services can be reached at 877-495-4185. Please visit our website at www.adr.org if you would
like to file this case online. AAA Customer Service can be reached at 800-778-7879.