ANALYSISĬalibre seeks to compel arbitration based on the clear language of the WENA. "ny party arguing waiver of arbitration bears a heavy burden of proof." Stone v. Waiver of an arbitration right occurs when both: (1) the party seeking arbitration 'substantially participates in litigation to a point inconsistent with an intent to arbitrate' and (2) 'this participation results in prejudice to the opposing party.'" In re Checking Account Overdraft Litig., 754 F.3d 1290, 1294 (11th Cir. "espite the strong policy in favor of arbitration, a party may, by its conduct, waive its right to arbitration." Garcia v.
With this, upon the motion of any party to a valid arbitration agreement, courts must stay or dismiss litigation of all claims that fall within the agreement's scope and compel arbitration according to the agreement's terms. So "courts must rigorously enforce arbitration agreements according to their terms." Am. Under the Federal Arbitration Act (" FAA"), arbitration agreements are presumptively valid and enforceable. ¶¶ 57-80.) After Plaintiff served Calibre (Doc. From these instances, Plaintiff contends that her workplace was hostile and that she suffered retaliation for engaging the dispute resolution process laid out in the employee handbook, prepared by TriNet. 6, ¶¶ 5-56, 61.) Notably absent from the Complaint is any allegation of the protected class Plaintiff claims membership in, but the Court will presume it to be gender based on the context of the pleading. In her Amended Complaint, Plaintiff cites several instances of what she alleges to be disparate treatment. Image materials not available for display. 2.) The WENA contained the following arbitration provision: 16, ¶ 1.) Both documents were prepared by a human resources services entity named "TriNet:" 6, ¶¶ 5-6.) When hired, Plaintiff received an Employee Handbook and signed a document titled "Worksite Employee Notice & Acknowledgments" (Doc. Plaintiff was hired in 2016 as a leasing agent for Defendant Fl Calibre Bend, LLC ("Calibre"), a property management company. 16.) Plaintiff's resistance is unpersuasive. 13 (" Motion").) Plaintiff resists, asserting the arbitration provision is unenforceable and, even if not, that Defendant waived its right to arbitration by participation in the EEO investigation that preceded this action.
In the instant Title VII and Florida Civil Rights Act action, Defendant moves the Court to compel arbitration and stay proceedings.
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