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Grady v. Directv Customer Services Inc.

United States District Court, D. Colorado

June 10, 2015

LATOYA GRADY, Plaintiff,
v.
DIRECTV CUSTOMER SERVICES INC., ALAN PALMER, and JESSICA SISNEROS, Defendants.

ORDER GRANTING DEFENDANTS' MOTION TO COMPEL ARBITRATION

CHRISTINE M. ARGUELLO, District Judge.

This matter is before the Court on Defendants' Motion to Compel Arbitration and Stay Proceedings, Or Alternatively to Dismiss (Doc. # 30.)

As discussed below, because Plaintiff's claims fall within the scope of DIRECTV's Mutual Agreement to Arbitrate Claims ("the Arbitration Agreement" or "the Agreement"), and because the Agreement is valid and enforceable, Defendants' Motion is granted.

I. BACKGROUND

Plaintiff Latoya Grady began working for DIRECTV Customer Services, Inc. ("DIRECTV") as a Customer Care Representative on August 8, 2011. (Doc. # 16, ¶ 11.) On the first day of her employment, Ms. Grady signed the Arbitration Agreement, thereby acknowledging and agreeing that she had read the document, understood its terms, and signed it voluntarily. (Doc. # 30-1.) The Arbitration Agreement states in relevant part:

Disputes which shall be submitted to binding arbitration for final resolution include: all claims or controversies, past, present or future, except claims identified in the Arbitration Procedure under the heading "Claims Not Covered by the Agreement, " arising out of an employee's employment or its termination, that the Company may have against an employee or that an employee may have against any of the following[:] (1) the Company; (2) its officers, directors, employees or agents in their capacity as such or otherwise, (3) the Company's parent, subsidiary and affiliated entities, (4) the benefit plans or the plans' sponsors, fiduciaries, administrators, affiliates and agents, and (5) all successors and assigns of any of them ("claims) [sic].
....
Except as set forth in the Arbitration Procedure, the decision of the Arbitrator shall be final and binding upon all parties. The parties' mutual promise to arbitrate differences, rather than litigate them before courts or other tribunals, provides adequate consideration for each other.
By entering into this Agreement, Employee does not waive his/her right to file an administrative claim or complaint with the appropriate administrative agency, but does waive his/her right to file a civil action and a jury trial, because the Agreement provides for an adequate and equal opportunity for the vindication of claims and complaints through this arbitration process.
....
Arbitration under this Agreement may be compelled and enforced according to the Federal Arbitration Act [9 U.S.C. § 1 et seq.]... and shall be conducted in accordance with the Arbitration Procedure....
This Agreement shall survive the employer-employee relationship between Employee and the Company, and shall apply to all claims whether they arises [sic] or are asserted during or after Employee's employment or alter Employee's separation of employment with the Company....

(Doc. # 30-1) (emphasis added). Pursuant to the Arbitration Agreement, DIRECTV is responsible for paying the fees and costs of the Arbitrator, and the employee is responsible for paying the costs of her own filing fees and any costs "which are normally incurred by a Plaintiff in a civil action." (Doc. # 30-3 at 3.)

Ms. Grady, appearing pro se, filed her Complaint and Jury Demand in this Court on December 26, 2014, alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII"), the Civil Rights Acts of 1870, 42 U.S.C. § 1981 ("Section 1981"), and state law. (Doc. # 1.) Specifically, she alleges that DIRECTV terminated her employment because of her race and gender, and also alleges that DIRECTV retaliated against her for complaining about her supervisor's racial harassment. (Doc. # 1 at 4-6.) She also brings two state-law ...


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