Lorenzo v. Prime Communications, L.P.

Filing 69

ORDER denying 45 Motion to Stay and compel arbitration; adopting Report and Recommendations regarding 60 Memorandum and Recommendations. Signed by Senior Judge Malcolm J. Howard on 11/19/2013. (Rudd, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:12-CV-69-H
ROSE LORENZO, on behalf of
herself and all others
similarly situated,
Plaintiff,
v.

ORDER

PRIME COMMUNICATIONS, L.P., a
Texas General Partnership,
Defendant.

This matter
compel

is before

arbitration.

the

court

Plaintiff

has

opposition, and defendant has replied.
Judge

Kimberly A.

("M&R")
motion

on

objections

compel
to

29,

2013,

arbitration

the

plaintiff filed a

filed

a

response

in

United States Magistrate

Swank issued a Memorandum and Recommendation

October

to

on defendant's motion to

M&R

on

response

recommending
be

November
[DE #68].

that

DENIED.
13,

2013

defendant's

Defendant
[DE

This matter is

filed

#66],
ripe

and
for

adjudication.
Under Rule 72(b)

of the Federal Rules of Civil Procedure, a

District Judge "shall make a de novo determination

. of any

portion

of

[the

been made.

M&R]

"

to

which

specific

written

objection

has

See also Local Civil Rule 72.4, EDNC.

Defendant objects to Judge Swank's conclusion there is no
evidence

of plaintiff's

re-iterates

that

(1)

assent

to

plaintiff

the

arbitration.

admits

she

saw

Defendant

the

Employee

Handbook which contained an arbitration policy and (2) plaintiff
continued her employment for more than a year after the Handbook
was made available on the Employee Portal.
with

defendant's

assertion

that

this

that

its

The court disagrees

constitutes

evidence

of

plaintiff's agreement.
Defendant
employees

to

also

argues

execute

an

acknowledgement

evidence of plaintiff's agreement.
has

been

signed

by

unable

to

produce
Thus,

plaintiff.

routine

any
the

form

Notably,
signed
court

requirement
is

sufficient

however,

defendant

acknowledgement
finds

for

this

form

argument

untenable.
A full and careful review of the M&R and other documents of
record

convinces

the

magistrate judge is,

court

that

the

recommendation

of

the

in all respects, in accordance with the law

and should be approved.

2

Accordingly,

the

court

adopts

the

recommendation

of

the

magistrate judge as its own; and for the reasons stated therein,
the defendant's motion to compel arbitration is DENIED.

t0~

This ____ day of November 2013.
, f

Senior United States District Judge
At Greenville, NC
#26

3