Luchini v. Carmax, Inc.
Decision Date | 23 July 2012 |
Docket Number | CASE NO. CV F 12-0417 LJO DLB |
Court | U.S. District Court — Eastern District of California |
Parties | MICHAEL LUCHINI, Plaintiff, v. CARMAX, INC., et al., Defendants. |
ORDER ON DEFENDANTS' MOTIONS TO
DISMISS AND TO STAY
(Doc. 57.)
Defendants1 seek to compel to arbitration plaintiff Michael Luchini's ("Mr. Luchini's") individual and representative overtime compensation claims based on arbitration provisions in Mr. Luchini's employment agreement. With compelled arbitration, defendants seek to dismiss this action or stay it pending arbitration. Mr. Luchini responds that the arbitration provisions are unenforceable in that they preclude Mr. Luchini's pursuit of substantive rights and are unconscionable. This Court considered Mr. Luchini's alternative motions to dismiss and stay on the record and VACATES the July 24, 2012 hearing, pursuant to Local Rule 230(g). For the reasons discussed below, this Court STAYS this action pending arbitration of Mr. Luchini's individual claims and DISMISSES without prejudice Mr. Luchini's class, collective and representative claims.
Carmax buys and sells used vehicles throughout the United States. During August 2007 to January 2012, Carmax employed Mr. Luchini initially as a buyer-in-training and later as a buyer. Mr. Luchini primarily collected information on used vehicles and entered that information on Carmax's computer system to assist to calculate Carmax's purchase price for vehicles. Mr. Luchini claims that he and other buyers worked more than 40 hours a week and more than eight hours a day2 without overtime compensation required by federal and California law and that Carmax misclassified Mr. Luchini and other buyers as exempt from overtime compensation. Mr. Luchini proceeds on his Second Amended Complaint ("SAC") to allege federal and California claims arising from Carmax' failure to pay Mr. Luchini and other buyers overtime compensation. Carmax contends that the SAC's claims are subject to arbitration pursuant its dispute resolution agreement and not amendable to class or representative litigation. Carmax seeks to compel this action to arbitration and to dismiss it in the absence of subject matter jurisdiction or to stay it pending arbitration.
On August 29, 2007, after he had commenced his Carmax employment, Mr. Luchini signed a Carmax Dispute Resolution Agreement ("arbitration agreement"). The arbitration agreement is two pages attached to Mr. Luchini's employment application and begins with the following bold highlighted text:
The arbitration agreement provides for arbitration of certain claims:
The arbitration agreement references Carmax's Dispute Resolution Rules and Procedures ("arbitration rules") and notes: The arbitration agreement continues: "I have read this Agreement and understand that I should read the Dispute Resolution Rules and Procedures prior to accepting an offer of employment with CarMax."
The Rule 2 of the arbitration rules3 further addresses claims subject to arbitration:
Rule 3 further emphasizes arbitration of claims:
By agreeing to the Dispute Resolution Program, an Associate agrees to resolve through arbitration all claims described in, or contemplated by Rule 2. If an Associate files a lawsuit in court to resolve claims subject to arbitration, the Associate agrees that the Court shall dismiss the lawsuit and require the Associate to arbitrate the dispute.
The arbitration rules further address selection of an arbitrator, conduct of the arbitration hearing, pre-hearing discovery, fees and expenses. Rule 9(f)(ii) bars consolidation of claims of different employees and class actions:
The Arbitrator shall not consolidate claims of different Associates into one proceeding, nor shall the Arbitrator have the power to hear an arbitration as a class action, collective action, or representative action. (A class action involves an arbitration or lawsuit where representative members of a large group who claim to share a common interest seek collective relief.)
The SAC alleges that Carmax has unlawfully classified buyers, including Mr. Luchini, "as exempt from overtime payments under federal and state laws" and such employees "have worked overtime hours, as defined by applicable federal and state laws, and are and have been entitled to premium compensation at the appropriate rate . . . for all overtime hours worked." The SAC alleges:
In addition to Mr. Luchini, the SAC pursues each of the claims on behalf of other Carmax buyers by asserting class, collective and representative allegations.
Carmax contends that the arbitration agreement and arbitration rules compel Mr. Luchini to arbitrate the SAC claims and preclude class, collective and representative litigation to warrant dismissal or stay of this action. Mr. Luchini responds that the arbitration agreement and arbitration rules are unenforceable in that they preclude pursuit of substantive rights and are unconscionable.
Arbitration is a way to resolve disputes "that the parties have agreed to submit to arbitration." First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 943, 115 S.Ct. 1920 (1995). Arbitration clauses limit a court's power: "Our...
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