Owen-Williams v. Bb&t Investments Services Inc

CourtDistrict Court, District of Columbia
DecidedJuly 18, 2011
DocketCivil Action No. 2006-0948
StatusPublished

This text of Owen-Williams v. Bb&t Investments Services Inc (Owen-Williams v. Bb&t Investments Services Inc) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Owen-Williams v. Bb&t Investments Services Inc, (D.D.C. 2011).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ADOL OWEN-WILLIAMS,

Plaintiff, Civil Action No. 06-00948 (CKK) v.

BB&T INVESTMENT SERVICES, INC.,

Defendant.

MEMORANDUM OPINION (July 18, 2011)

Over five years ago, Plaintiff Adol Owen-Williams (“Owen-Williams”) commenced this

breach of contract action against Defendant BB&T Investment Services, Inc. (“BB&T”) in the

Superior Court of the District of Columbia. After removing the action to this Court, BB&T

moved to compel arbitration and to dismiss the action. A shade less than five years ago, this

Court granted BB&T’s motion, concluding that the arbitration clause in the parties’ agreement

was enforceable as to all claims, and consequently compelled the parties to proceed to arbitration

and dismissed this action without prejudice. Subsequently, the parties proceeded to arbitrate

their dispute before the Financial Industry Regulatory Authority. At the conclusion of those

proceedings, the panel entered a final award in BB&T’s favor. Dissatisfied with that outcome,

Owen-Williams moved this Court to vacate the arbitration award or to reconsider its decision to

compel arbitration in the first place, a decision that had been issued over two years earlier.

Unsurprisingly, BB&T opposed that motion and cross-moved to confirm the arbitration award.

On May 24, 2010, this Court issued a thorough opinion denying Owen-Williams’ motion in its

entirety and granting BB&T’s cross-motion to confirm the arbitration award. Undeterred, Owen- Williams has filed a document styled as [20] “Motion for Expedited Reconsideration to Vacate

Arbitration Ruling and Confirm Arbitration Award” (“Motion for Reconsideration”), in which he

asks this Court to “reconsider” its May 24, 2010 decision. Although framed as such, the motion

plainly is not one for “reconsideration,” as it rests exclusively on arguments that should have

been raised in prior submissions, recycles the same arguments already pressed and rejected,

recites conclusory allegations devoid of factual support, and tenders a litany of arguments that

simply are not valid grounds for reconsideration. The motion will be denied.

I. PRELIMINARY MATTERS

As a preliminary matter, the parties disagree as to whether the Court should consider the

pending motion under Rule 59(e) or Rule 60(b) of the Federal Rules of Civil Procedure. As a

general matter, courts treat a motion for reconsideration as originating under Rule 59(e) if it is

filed within 281 days of the entry of the order at issue and as originating under Rule 60(b) if filed

thereafter. See Sataki v. Broad. Bd. of Governors, 272 F.R.D. 21, 24 (D.D.C. 2010). In this case,

the challenged decision was entered on May 24, 2010. Consequently, Owen-Williams had until

and including June 21, 2010 to file a motion under Rule 59(e). Because his motion was filed on

June 7, 2010, the Court will consider the motion as one arising under Rule 59(e).

II. BACKGROUND

The Court assumes familiarity with its prior opinions, which set forth in detail the factual

and procedural background of this case. See Owen Williams v. BB&T Inv. Servs., Inc., Civ. Act.

1 BB&T’s entire disagreement as to the applicable framework hinges on the premise that the relevant time period is ten days, but that premise rests on a superseded version of Rule 59(e). See Mem. of BB&T Investment Servs., Inc., in Opp’n to Pl.’s Mot. for Expedited Recons. (“Def.’s Opp’n”), ECF No. [21], at 2. Rule 59(e) was amended to extend the relevant time period from ten days to twenty-eight days before the pending motion was filed and briefed.

2 No. 06-948, 2006 U.S. Dist. LEXIS 52392 (D.D.C. July 31, 2006); Owen-Williams v. BB&T Inv.

Servs., Inc., 717 F. Supp. 2d 1 (D.D.C. 2010). Accordingly, the Court will limit itself here to

setting forth those facts that are most germane to the pending motion.

A. The Commencement of the Action

This lawsuit has its origins in BB&T’s decision to rescind its offer of employment to

Owen-Williams. In early 2006, Owen-Williams interviewed for and was ultimately offered a

position with BB&T. Id. at 3. Thereafter, a BB&T recruiter sent Owen-Williams a letter

regarding the job offer (the “Employment Contract”), accompanied by a Protective Covenants

Agreement (the “Covenants Agreement”).2 Id. The Employment Contract stated, in relevant

part, that “[a]ll employment offers are contingent upon standard background checks,” and

informed Owen-Williams that his employment with BB&T would begin on April 10, 2006. Id.

at 4. Significantly, the Covenants Agreement, which Owen-Williams signed, included a

mandatory arbitration clause. Id.

Shortly thereafter, BB&T decided to rescind its employment offer to Owen-Williams

based on information uncovered in the course of running a background check. Id. The BB&T

recruiter communicated BB&T’s decision to Owen-Williams prior to the date he was scheduled

to begin his employment. Id. After unsuccessfully pursuing the matter further with the BB&T

recruiter, Owen-Williams retained counsel3 and, on April 21, 2006, filed suit in the Superior

Court of the District of Columbia alleging that BB&T terminated him in violation of his

2 The Employment Contract and the Covenants Agreement are attached as Exhibit 4 to the Notice of Removal, ECF No. [1]. 3 Despite being represented by counsel throughout the arbitration process, Owen- Williams filed the pending motion and his earlier motion to vacate the arbitration ruling and for reconsideration pro se.

3 employment contract. Id. At the same time, he filed an emergency motion for a temporary

restraining order (“TRO”) with the aim of preventing BB&T from filling the position in question.

Id. The Superior Court held an evidentiary hearing on the requested TRO and denied the motion

from the bench. Id. at 5. Three days later, however, the Superior Court vacated its initial

decision and issued an order permitting the parties to offer further evidence at a second

evidentiary hearing. Id. Ultimately, the Superior Court denied the requested TRO in a final

order dated May 8, 2006. Id.

B. The Court’s Order Compelling Arbitration

On May 19, 2006, BB&T removed the action to this Court. Id. Shortly thereafter, BB&T

filed a [4] Motion to Compel Arbitration and Dismiss or Stay Proceedings, which was granted by

the Court on July 31, 2006. See Owen-Williams, 2006 U.S. Dist. LEXIS 52392. In an extended

opinion, the Court found that the arbitration agreement between the parties was a binding

contract supported by consideration, that the Federal Arbitration Act governed the agreement,

and that BB&T had not waived its right to enforce the arbitration agreement. See Owen-

Williams, 717 F. Supp. 2d at 5. In short, the Court concluded that, “[g]iven the breadth of the

arbitration agreement and the fact that Plaintiff and Defendant’s dispute falls squarely within the

language of the agreement referring to termination and breach, it is apparent that all of the issues

in this action are subject to arbitration.” Id. The Court entered an order compelling arbitration

and dismissing the action without prejudice. Id. Owen-Williams took no immediate action; he

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