Dobrey v. Multiband Field Services, Inc.

Filing 11

MEMORANDUM AND OPINION by Senior Judge Thomas B. Russell on 9/25/2014; re 7 MOTION to Dismiss or Stay filed by Multiband Field Services, Inc., MOTION to Compel MOTION to Stay filed by Multiband Field Services, Inc. ; an appropriate order shall issuecc:counsel (KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
CIVIL ACTION NO. 5:14-CV-00145-TBR
TRAVIS DOBREY

Plaintiff

v.
MULTIBAND FIELD SERVICES, INC.

Defendant

MEMORANDUM OPINION
This matter is before the Court upon Defendant Multiband Field Services, Inc.’s
motion to dismiss or alternatively to compel arbitration and stay proceedings. (Docket
#7). Plaintiff Travis Dobrey has responded. (Docket #9). Defendant has replied.
(Docket #10). This matter now is ripe for adjudication. For the reasons that follow,
Defendant’s motion to dismiss will be GRANTED.
BACKGROUND
Plaintiff Travis Dobrey is a former employee of Defendant Multiband Field
Services, Inc. (“Multiband”).

Among other things, Dobrey alleges that Multiband

wrongfully terminated him for taking leave pursuant to the Family and Medical Leave
Act. (Docket #1).
Multiband argues that Dobrey has signed an agreement requiring him to submit
to arbitration all claims arising from his employment. Multiband has attached a copy of
the arbitration agreement purportedly signed by Travis Dobrey. (Docket #7, Ex. 2).
Multiband moves for this case to be dismissed, or alternatively, for proceedings to be
stayed and arbitration compelled.
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DISCUSSION
Before compelling arbitration, the Court “must engage in a limited review to
determine whether the dispute is arbitrable.” Masco Corp. v. Zurich Am. Ins. Co., 382
F.3d 624, 627 (6th Cir. 2004) (quoting Javitch v. First Union Sec., Inc., 315 F.3d 619,
624 (6th Cir. 2003)). Such review requires the Court to determine first whether “a valid
agreement to arbitrate exists between the parties,” and second whether “the specific
dispute falls within the substantive scope of the agreement.” Id. (quoting Javitch, 315
F.3d at 624).
Dobrey admits that his claims must be arbitrated “if Mr. Dobrey executed such
an agreement.” (Docket #9). Multiband has tendered a copy of an arbitration
agreement which shows Dobrey’s signature. (Docket #7, Ex. 2). Dobrey does not deny
that this is his signature. Instead, Dobrey claims he was given a “purportedly complete
copy of his personal file” after he was terminated which “did not contain the subject
arbitration agreement.” (Docket #9). Regardless of what Dobrey received upon
termination, he has not disputed that he signed an arbitration agreement which covers
these claims. Great Earth Cos. v. Simmons, 288 F.3d 878, 889 (6th Cir. 2002) (“In order
to show that the validity of the agreement is ‘in issue,’ the party opposing arbitration
must show a genuine issue of material fact as to the validity of the agreement to
arbitrate”).
Multiband requests this case be dismissed or alternatively be stayed pending
arbitration.

There is a split among circuit courts in whether a court should stay

proceedings or dismiss the case. Compare Lloyd v. Hovensa, LLC, 369 F.3d 263 (3d
Cir. 2004) and Adair Bus. Sales, Inc. v. Blue Bird Corp., 25 F.3d 953 (10th Cir. 1994)

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with Choice Hotels Int’l, Inc. v. BSR Tropicana Resort, Inc., 252 F.3d 707 (4th Cir.
2001); Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161 (5th Cir. 1992) and Sparling
v. Hoffman Constr. Co., 864 F.2d 635 (9th Cir. 1988). The Sixth Circuit joins those
circuits which favor dismissal. Ozormoor v. T-Mobile USA, Inc., 345 F. App’x 972, 975
(6th Cir. 2009); see also Green v. Ameritech Corp., 200 F.3d 967, 973 (6th Cir. 2000).
CONCLUSION
For the foregoing reasons, the Court will GRANT Multiband’s motion and
DISMISS Plaintiff’s Complaint. Because Multiband has moved to compel arbitration
only if this matter is stayed, the Court finds no reason to compel arbitration at this time.
However, should Plaintiff wish to pursue his claims further, he must do so through
arbitration in accordance with the terms of the arbitration agreement. An appropriate
Order shall issue concurrently with this Opinion.

cc:

Counsel
September 25, 2014

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