United States District Court, D. New Jersey
RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE
14, 2018, during a conference on the record with this Court,
each of the three parties to this suit agreed to submit this
case to arbitration. On that same day, this Court entered an
order embodying the parties' agreement and
administratively terminating this case. Plaintiff presently
moves this Court to vacate that order and seeks to remove the
case from arbitration. For the reasons set forth below,
Plaintiff's motion will be denied.
FACTS AND PROCEDURAL HISTORY
January 2018, Plaintiff filed this proposed collective action
suit under the Fair Labor Standards Act, 29 U.S.C. § 201
et seq., alleging that Defendants failed to pay Plaintiff,
and other “drivers” who made local deliveries on
behalf of Defendants, the proper amount of wages and overtime
compensation. In April 2018, the parties filed letters
pursuant to this Court's Individual Rules and Procedures.
Defendants asserted that this case should be submitted to
arbitration pursuant to the parties' arbitration
agreement. [Docket No. 13] In response, Plaintiff requested
that the case be stayed pending the Supreme Court's
decision in Epic Systems Corp. v. Lewis, which,
Plaintiff asserted, would control this Court's decision
concerning whether the parties' arbitration agreement was
enforceable. [Docket. No. 14] The Court held a conference on
the record on May 1, 2018, the result of which was this
Court's order administratively staying the case pending
the Supreme Court's ruling in Epic Systems.
[Docket No. 19] Just over a month later, Plaintiff wrote to
this Court advising that the Supreme Court had
ruled. [Docket No. 20] Shortly thereafter, the
Court held a second conference on the record with the
parties. During that conference, the parties each clearly and
unequivocally agreed to submit this case to arbitration:
THE COURT: So, [Plaintiff] what is your pleasure?
MR. FRISCH: I think we would agree that we would file an
arbitration against both defendants.
THE COURT: Okay. So both defendants are happy with that?
MR. MARKS: Yes.
MR. MC DONALD: Your Honor, Norlyn consents to that.
THE COURT: All right. Okay, one by one. It sounds like there
is no dispute the parties are going to arbitration, both
Defendants with the Plaintiff. Yes Mr. Frisch?
MR. FRISCH: Yes.
THE COURT: Worldpac?
COUNSEL FOR WORLDPAC: Yes, individually with the Plaintiff,
THE COURT: And Norlyn?
COUNSEL FOR NORLYN: Yes, your Honor, on an individual - on an
individual claim, not a class or ...