NCR Corp. v. Jones

157 F. Supp. 3d 460, 2016 U.S. Dist. LEXIS 1006
CourtDistrict Court, W.D. North Carolina
DecidedJanuary 6, 2016
DocketDOCKET NO. 3:15-cv-00444-MOC-DCK
StatusPublished
Cited by1 cases

This text of 157 F. Supp. 3d 460 (NCR Corp. v. Jones) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
NCR Corp. v. Jones, 157 F. Supp. 3d 460, 2016 U.S. Dist. LEXIS 1006 (W.D.N.C. 2016).

Opinion

ORDER

Max O. Cogburn Jr., United States District Judge

THIS MATTER is before the court on the parties’ cross motions for summary judgment on Count II of the Complaint. See (##17, 20).1 This matter has been fully briefed and. is ripe for review. The court heard oral arguments on the motions on December 16, 2015. Having considered the applicable legal authority and the arguments of counsel, the court enters the following Order.

I. Factual and Procedural Background Plaintiff NCR is a computer software and electronics company with its principal place of business in Georgia. On or around July 2013, Plaintiff NCR made a conditional offer of employment to Defendant Jones to provide field maintenance services to NCR customers in and around Raleigh, North Carolina. (Answer (# 14) at ¶ 17). In connection with that conditional offer, NCR procured a consumer report (he., a background check) on Jones. (Id. at ¶ 18). Nothing in the background report altered NCR’s decision to offer employment to Defendant, and NCR thereafter hired Defendant. (Id. at ¶ 19). Approximately' nine months later, on or around April 7, 2014, Defendant resigned from employment with NCR. (Id. at ¶ 21).

On June 15, 2014, Defendant and another former NCR employee, Chris Goh (“Goh”), jointly filed a class arbitration against NCR in Seattle, Washington, asserting-that NCR did hot satisfy the disclosure and authorization requirements of the Fair Credit Reporting Act, 15 U.S.C. § 1681a et seq. (“FCRA”)2, with respect to [462]*462the background reports NCR procured about Defendant and Goh. (Id. at ¶ 22). The demand purported to assert Defendant’s and Goh’s individual claims for violation of FCRA, as well as the claims of a purported class of similarly-situated individuals. (Id. at ¶ 23).

NCR denied the allegations in the Seattle Arbitration and denied that the arbitration agreements with Defendant and Goh authorized class arbitration. Because Defendant worked for NCR in Raleigh, and because his arbitration agreement requires that venue for arbitration of his claims must be “in or near the city where [Defendant] worked with NCR,” NCR also asserted that venue in Seattle was improper with respect to Defendant’s claims. (# 1-3 at ¶ 3). Defendant removed himself from the pleadings in the Seattle Arbitration and filed his own class action arbitration against NCR in Charlotte, North Carolina (the “Charlotte Arbitration”), (# 14 at ¶¶ 25, 27), which is the arbitration at issue in this case. Defendant claims that NCR’s disclosure to him did not comply with FCRA’s disclosure requirement and alleges that the disclosure contained additional “extraneous information” that is improper under FCRA. See (# 1, Ex. A at ¶¶ 29-30). Defendant purports to assert that claim individually, and on behalf of a putative class of similarly-situated individuals. (Id. at ¶ 73).

After receiving Defendant’s demand in the Charlotte Arbitration, NCR filed this action seeking two declaratory judgments pursuant to 28 U.S.C. § 2201. See (# 1). The parties have stipulated to Count I, agreeing that this court, not an arbitrator, should determine whether the arbitration agreement between Plaintiff and Defendant contains an agreement to arbitrate the claims of the non-party putative class members. See (# 15 at p. 2). Count II seeks a declaration that the arbitration agreement at issue in this case does not contain an agreement to arbitrate class claims. Accordingly, the issue before the court is whether the parties agreed to arbitrate the claims of the non-party class members.

II. Legal Standards

A. Summary Judgment

Summary judgment shall be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A factual dispute is genuine “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is material only if it might affect the outcome of the suit under governing law. Id. The movant has the “initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (internal citations omitted). Once this initial burden is met, the burden shifts to the nonmoving party. That party “must set forth specific facts showing that there is a genuine issue [463]*463for trial.” Id. at 322 n. 3, 106 S.Ct. 2548. The nonmoving party may not rely upon mere allegations or denials of allegations in his pleadings to defeat a motion for summary judgment. Id. at 324, 106 S.Ct. 2548. Instead, that party must present sufficient evidence from which “a reasonable jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. at 248, 106 S.Ct. 2505; accord Sylvia Dev. Corp. v. Calvert Cnty., Md., 48 F.3d 810, 818 (4th Cir.1995).

When ruling on a summary judgment motion, a court must view the evidence and any inferences from the evidence in the light most favorable to the nonmoving party. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. “ “Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial.’ ” Ricci v. DeStefano, 557 U.S. 557, 586, 129 S.Ct. 2658, 174 L.Ed.2d 490 (2009) (quoting Matsushita v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). In the end, the question posed by a summary judgment motion is whether the evidence “is so one-sided that one party must prevail as a matter of law.” Anderson, 477 U.S. at 252, 106 S.Ct. 2505. When, as here, the court reviews cross-motions for summary judgment, “each motion must be considered individually, and the facts relevant to each must be viewed in the light most favorable to the non-movant.” Mellen v. Bunting, 327 F.3d 355, 363 (4th Cir.2003) (citing Rossignol v. Voorhaar, 316 F.3d 516, 523 (4th Cir.2003)).

B. Arbitration Agreements

The Supreme Court has stated “on numerous occasions that the central or ‘primar/ purpose óf the [Federal Arbitration Act] is to ensure that ‘private agreements to arbitrate are enforced according to their terms.’ ” Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662, 682, 130 S.Ct. 1758, 176 L.Ed.2d 605 (2010) (internal citations and quotation marks omitted).

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Bluebook (online)
157 F. Supp. 3d 460, 2016 U.S. Dist. LEXIS 1006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ncr-corp-v-jones-ncwd-2016.