Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Reynosa-Juarez v. Accountable Healthcare Staffing, Inc.

United States District Court, N.D. California, San Jose Division

November 7, 2019

SARAH REYNOSA-JUAREZ, Plaintiff,
v.
ACCOUNTABLE HEALTHCARE STAFFING, INC., et al., Defendants.

          ORDER GRANTING DEFENDANTS' MOTION TO COMPEL INDIVIDUAL ARBITRATION RE: DKT. NO. 38

          EDWARD J. DAVILA UNITED STATES DISTRICT JUDGE

         Defendants Accountable Healthcare Staffing and Accountable Healthcare Holdings (“Defendants”) argue, pursuant to an employment arbitration agreement, Plaintiff Sarah Reynosa-Juarez (“Plaintiff”) must be compelled to arbitrate her claims individually. Having considered the Parties' papers, the Court agrees and GRANTS Defendants' motion to compel arbitration.

         I. BACKGROUND

         A. Factual Background

         Plaintiff, a traveling nurse, worked for Defendants at Kaiser Permanente's San Jose Medical Center from approximately December 2015 to February 2016. Class and Collective Action Complaint (“Compl.”) ¶ 2, Dkt. 1. Plaintiff routinely worked overtime and through her meal and rest periods because her patient care obligations required her to do so. Id. ¶¶ 8-11, 16.

         Prior to working at the Kaiser Permanente Medical Center, Plaintiff signed a “Short Term Travel Contract” with Defendants. Pursuant to this contract, “To be paid . . . overtime, any overtime worked must be approved before the shift is worked, in writing, by someone of authority at the facility. Unapproved overtime will be paid to you as regular time.” Declaration of Andrew Goldwyn (“Goldwyn Decl.”), Ex. A at 6, Dkt. 38-1. Plaintiff contends this resulted in her being denied overtime pay because it was not feasible for her overtime hours to be pre-approved. Compl. ¶ 6. She also did not receive timely meal and rest periods. Id. ¶¶ 18-20.

         B. Arbitration Provision

         Plaintiff and Defendants dispute the legality of the arbitration provision in the “Short Term Travel Contract.” The agreement states:

ARBITRATION. Any dispute to this agreement will be settled by binding arbitration conducted in the state of Florida in accordance with the Health Care Arbitration Rules of the AHLA Alternative Dispute Resolution Service (c/o American Health Lawyers Association, 1120 Connecticut Avenue, NW, Suite 950, Washington, D.C. 20036).

Goldwyn Decl., Ex. A at 8.

         Defendants emailed Plaintiff this Contract. Declaration of Sarah Reynosa-Juarez (“Reynosa Decl.”), Ex. B, Dkt. 43-2. The subject line of the email directed Plaintiff to “Please Sign” and the body of the email instructed Plaintiff that she would be unable to start work at Kaiser until this contract was signed. Id. Plaintiff had to sign and return the document within 24 hours or her contract would be subject to cancelation. Id. The email neither advised Plaintiff that the Contract contained an arbitration clause, nor did Defendants orally explain there was an arbitration clause. Id.; Reynosa Decl. ¶ 26. By signing, however, Plaintiff attested that she verified and “read and under[stood] the contents [of the contract].” Goldwyn Decl., Ex. A at 8. Plaintiff signed the contract. Id.

         C. Procedural History

         On October 15, 2018, Plaintiff filed a class and collective action complaint to seek redress for violations of the Fair Labor Standards Act (“FLSA”), the California Labor Code, and Unfair Competition Laws. See Compl. ¶¶ 54-110.

         On January 4, 2019, Defendants filed a motion to compel arbitration of Plaintiff's individual claims. Dkt. 15. On February 1, 2019, however, Defendants voluntarily withdrew this motion without prejudice. Dkt. 25. On February 23, 2019, the parties stipulated to extend the time for Defendants to file an Answer to Plaintiff's Complaint until March 4, 2019. Dkt. 27. On March 5, 2019, the parties again stipulated to extend the time for Defendants to file an answer. Dkt. 29. Defendants then filed an answer on March 11, 2019. Dkt. 30.

         On April 17, the parties submitted a Joint Case Management Conference Statement with a proposed schedule. Dkt. 32. The parties met and conferred as required by Federal Rule of Civil Procedure 26(f), undertook various discovery, and had an ADR Phone Conference. Dkt. 37.

         On May 16, 2019, after the Supreme Court decided Lamps Plus, Inc. v. Varela, 139 S.Ct. 1407 (2019), Defendants renewed their motion to compel arbitration. Memorandum in Support of Motion for Lack of Subject-Matter Jurisdiction and Compel Individual Arbitration (“Mot.”), Dkt. 38. Plaintiff filed an opposition on May 30, 2019. Opposition/Response re Memorandum (“Opp.”), Dkt. 43. On June 6, 2019, Defendants filed a reply. Reply re Memorandum (“Reply”), Dkt. 45. The Court now considers Defendants' Motion to Compel Arbitration.

         II. JUDICIAL NOTICE

         Pursuant to Federal Rule of Evidence 201, the Court may take judicial notice of information or facts (1) generally known within the Court's jurisdiction, and (2) capable of accurate and ready determination by sources whose accuracy cannot reasonably be questioned. Fed.R.Evid. 201 (b)-(c).

         Both parties request this Court to judicially notice the American Health Lawyers Association (“AHLA”) Dispute Resolution Service Rules of Procedure for Employment Arbitration, which govern the Arbitration Clause between the parties. See Dkt. 38-2; 43-1. The AHLA Rules are easily accessible on the AHLA's website. See Wilson v. United Health Grp., Inc., 2012 WL 6088318, at *4 n.4 (E.D. Cal. Dec. 6, 2012) (taking judicial notice of the American Arbitration Association (“AAA”) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.