Siracusa v. Marriott Int'l Inc.

319 F. Supp. 3d 596
CourtUnited States District Court
DecidedJuly 5, 2018
DocketCivil No. 17–1145 (FAB)
StatusPublished
Cited by1 cases

This text of 319 F. Supp. 3d 596 (Siracusa v. Marriott Int'l Inc.) is published on Counsel Stack Legal Research, covering United States District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siracusa v. Marriott Int'l Inc., 319 F. Supp. 3d 596 (usdistct 2018).

Opinion

BESOSA, District Judge.

Before the Court are defendant Marriott International Inc. ("Marriott") and Luxury Hotels International of Puerto Rico d/b/a Ritz Carlton Hotel Casino ("Ritz Carlton") (collectively, "defendants")'s motion to compel arbitration and dismiss pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 4, and Marriott's motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (" Rule 12(b)(6)"). (Docket No. 53.) For the reasons set forth below, the Court GRANTS Ritz Carlton's motion to compel arbitration, and DENIES Marriott's motion to compel arbitration. (Docket No. 53.) The Court GRANTS Marriott's motion to dismiss pursuant to Rule 12(b)(6). (Docket No. 53.)

I. BACKGROUND

Jean Siracusa ("Siracusa") worked for Ritz Carlton from February 2005 through November 2015. (Docket No. 47 at p. 2.) Siracusa alleges that, as Ritz Carlton's parent company, Marriott was also her employer during this time. Id. In November 2015, Siracusa suffered a work-related accident, which caused her anosmia (the loss of smell and taste). Id. at pp. 2-3. She reported the incident to the Puerto Rico State Insurance Fund ("State Insurance Fund"), which ordered her "to rest starting on November 23, 2015." Id. at p. 3. The State Insurance Fund later allowed Siracusa to return to work on the condition that Ritz Carlton would provide her with certain accommodations. Id. In December 2015, Siracusa "advised Ritz Carlton that the State Insurance Fund had indicated that she needed an accommodation to viabilize *599[sic] her return to work." Id. at p. 4. According to Siracusa, "Ritz Carlton in an unjustified manner delayed and failed to provide the necessary reasonable accommodation[s] needed by Siracusa." Id. at p. 3. Siracusa was never reinstated, and eventually Ritz Carlton terminated her employment, claiming that Siracusa had abandoned her job. Id. at p. 6.

Siracusa claims that Ritz Carlton's actions violated federal and local anti-discrimination statutes. (Docket No. 47 at pp. 1 and 6; see 42 U.S.C. § 1201 ; P.R. Laws Ann. tit. 1, § 501.) On January 18, 2017, Siracusa requested in writing that Ritz Carlton commence an arbitration action to resolve her employment claims against the defendants pursuant to the Ritz Carlton Employee Agreement's "Open Appeal and Issue Resolution Process." (Docket No. 47 at p. 6; Docket No. 53, Ex. 1, at pp. 6, 12-13.) According to Siracusa, Ritz Carlton refused to submit the dispute to arbitration. (Docket No. 47 at p. 6.)

On February 1, 2017, Siracusa commenced this civil action against the defendants alleging that Ritz Carlton's conduct was discriminatory and retaliatory, in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 1201, and Puerto Rico Law 44 ("Law 44"). (Docket No. 1; see also P.R. Laws Ann. tit. 1, § 501.)2 On November 9, 2017, the defendants moved to dismiss Siracusa's claims and compel arbitration. (Docket No. 53 at p. 1.)

II. DEFENDANTS' MOTION TO COMPEL ARBITRATION

The defendants move to dismiss Siracusa's claims for lack of jurisdiction, contending that Siracusa "is contractually bound to arbitrate her discrimination, retaliation and unjust dismissal claims." (Docket No. 53 at p. 6.) The defendants maintain that, "[p]ursuant to the FAA, this [ ] Court must compel [Siracusa] to comply with her contractual obligation to arbitrate her claims." (Docket No. 53 at p. 6.)

A. Standard of Review

The Federal Arbitration Act ("FAA") establishes the validity and enforceability of written arbitration agreements. 9 U.S.C. § 2. "Whether or not a dispute is arbitrable is typically a question for judicial determination." Dialysis Access Ctr., LLC v. RMS Lifeline, Inc., 638 F.3d 367, 375 (1st Cir. 2011) (citing Granite Rock Co. v. Int'l Bhd. of Teamsters, 561 U.S. 287, 296, 130 S.Ct. 2847, 177 L.Ed.2d 567 (2010) ). "The court 'shall' order arbitration 'upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue.' " Rent-A-Ctr., W., Inc. v. Jackson, 561 U.S. 63

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319 F. Supp. 3d 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siracusa-v-marriott-intl-inc-usdistct-2018.