Garcia et al v. E.J. Amusements of New Hampshire, Inc. et al
Filing
254
Chief Judge Patti B. Saris: ORDER entered. Plaintiff's Motion to Amend Complaint to Add NamedPlaintiffs (Docket No. 249 is ALLOWED IN PART AND DENIED IN PARTWITHOUT PREJUDICE. The motion to add Michelle Sherwin as a named plaintiff is ALLOWED without opposition. The motion to add Franklyn Lopez as a named plaintiff is DENIED WITHOUT PREJUDICE on the ground that there are no allegations in the proposed complaint or evidence that the arbitration clause in the 2014 Employment Job Offer & Contract is specifically invalid. ( See ORDER for Details ). (Geraldino-Karasek, Clarilde)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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Plaintiffs,
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) Civil Action No. 13-12536-PBS
v.
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E.J. AMUSEMENTS OF NEW HAMPSHIRE, )
INC. d/b/a FIESTA SHOWS; FIESTA
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SHOWS, INC. d/b/a FIESTA SHOWS;
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ATSEIF FESTIVAL MOBILE, INC.
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d/b/a FIESTA SHOWS; EUGENE DEAN
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III; EUGENE DEAN; LINDA CHAGROS; )
NORMA DEAN; and MARY DEAN,
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Defendants.
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JORGE GARCIA, ZACHARY DUCLOS,
GEORGE KENT, and JENNIFER MILLER,
on behalf of themselves and all
others similarly situated,
May 5, 2015
Saris, Chief Judge.
ORDER
Plaintiff’s Motion to Amend Complaint to Add Named
Plaintiffs (Docket No. 249) is ALLOWED IN PART AND DENIED IN PART
WITHOUT PREJUDICE. The motion to add Michelle Sherwin as a named
plaintiff is ALLOWED without opposition. The motion to add
Franklyn Lopez as a named plaintiff is DENIED WITHOUT PREJUDICE
on the ground that there are no allegations in the proposed
complaint or evidence that the arbitration clause in the “2014
Employment Job Offer & Contract” is specifically invalid. See
Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 449 (2006)
(“[A] challenge to the validity of the contract as a whole, and
not specifically to the arbitration clause, must go to the
arbitrator.”); Dialysis Access Ctr., LLC v. RMS Lifeline, Inc.,
638 F.3d 367, 383 (1st Cir. 2011) (“Although Appellants have
challenged the validity of the [contract] as a whole, they have
not specifically challenged the validity of the Arbitration
Clause itself.”); Farnsworth v. Townboat Nantucket Sound, Inc.,
36 F. Supp. 3d 247, 254 (D. Mass. 2014) (rejecting argument that
“because plaintiff was under duress when he signed the salvage
agreement, he was also under duress when agreeing to the
arbitration clause”). However, if Lopez prevails in arbitration
or demonstrates the arbitration clause is specifically invalid,
the Court will reconsider.
/s/ PATTI B. SARIS
PATTI B. SARIS
United States District Judge
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