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Thomas v. Fiserv Investment Services, Inc.

United States District Court, N.D. Illinois, Eastern Division

March 18, 2015

TYREE THOMAS, Plaintiff,
v.
FISERV INVESTMENT SERVICES, INC., Defendant.

MEMORANDUM OPINION AND ORDER

ROBERT M. DOW, Jr., District Judge.

Before the Court is Defendant's motion to dismiss, or alternatively stay the litigation, and compel arbitration [6]. For the reasons stated below, the Court grants Defendant's motion in part, compelling arbitration and staying the litigation in the interim. The parties are instructed to file a joint status report within 7 days after the arbitrator issues a final decision, after which time the Court will set this case for a further status hearing.

I. Background

Plaintiff alleges violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq., by his former employer. On September 23, 2013, Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") against Defendant, alleging disability discrimination. He received a right-to-sue letter from the EEOC on May 28, 2014 and filed this complaint on August 22, 2014.

Defendant moves to dismiss and compel arbitration, arguing that both claims are subject to an arbitration agreement that Plaintiff signed as a condition of commencing employment with Defendant. The arbitration agreement, attached to Defendant's motion to dismiss, includes the following language:

1. Scope of Arbitration
The parties agree to submit to arbitration any and all disputes arising from or related to certain compensation matters and claims of discrimination or sexual harassment during the employment relationship, or the termination of employment between the parties for which a court otherwise would be authorized by law to grant relief.
Except as excluded in the following paragraph, the claims covered by the Agreement include, but are not limited to, claims for: * * * discrimination claims, including but not limited to race, sex, religion, national origin age, marital status, handicap, disability or medical condition; and claims for violation of any federal, state or other governmental constitution, statute, ordinance or regulation. * * *
2. Governing Law
Notwithstanding any other choice of law provisions in the Agreement, the interpretation and enforcement of the arbitration provisions of this Agreement shall be governed exclusively by the Federal Arbitration Act, (FAA), 9 U.S.C. §§ et seq., and shall otherwise be governed by the law of the State of Illinois. * * *
3. Time Limits for Submitting Disputes
A claim must be raised within the statute of limitations set forth in the applicable law, statute, regulation or ordinance for the type of claim being asserted.

MTD, Ex. A at 1-2. Defendant moves to compel arbitration and dismiss, or ...


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