United States District Court, N.D. Texas, Dallas Division
MEMORANDUM OPINION AND ORDER
GREN SCHOLER UNITED STATES DISTRICT JUDGE.
Order addresses Defendant Charter Communications, LLC's
("Charter") Motion to Compel Arbitration and
Dismiss Plaintiffs Complaint [ECF No. 14]. For the following
reasons, the Court grants the Motion in part and denies the
Motion in part.
is a telecommunications company offering telephone, internet,
and cable services to customers nationwide. Br. in Supp. Mot.
to Compel Arbitration ("Br.") 2. Plaintiff Dylan
Krohn ("Plaintiff) has been an employee of Charter since
2012. Id. On October 6, 2017, Charter launched
Solution Channel-an alternative dispute resolution
program that included a binding arbitration provision
governing all claims arising out of employment with Charter.
Id. Charter alleges that on that date, notice of the
new program was sent to Plaintiff via his company email
account. See id.; Def.'s App. 03-04 ¶ 20,
notice-which Plaintiff opened-announced the program and
provided a link to a summary of the program, which, in turn,
contained a link to the arbitration agreement
("Agreement"). See Def.'s App. 05-08,
15-16; Def, 's Reply App'x 3 0-31. The notice also
notified Plaintiff of his eligibility to opt-out of the
program. See Id. at 06, 26.
notice read, in relevant part, as follows:
In the unlikely event of a dispute not resolved through the
normal channels, Charter has launched Solution
Channel, a program that allows you and the company to
efficiently resolve covered employment-related legal disputes
through binding arbitration. By participating in Solution
Channel, you and Charter both waive the right to
initiate or participate in court litigation (including class,
collective and representative actions) involving a covered
claim .... Unless you opt out of participating in
Solution Channel within the next 30 days, you will
Def.'s App. 05-06, 15-16. Plaintiff did not exercise his
right to opt-out of the program. Def.'s App. 04.
Agreement includes the following language:
B. Covered Claims. You and Charter mutually
agree that the following disputes, claims, and controversies
(collectively referred to as "covered claims") will
be submitted to arbitration in accordance with this
1. all disputes, claims, and controversies that could be
asserted in court or before an administrative agency or for
which you or Charter have an alleged cause of action related
to pre-employment, employment, employment termination or
post-employment-related claims, whether the claims are
denominated as tort, contract, common law, or statutory
claims (whether under local, state or federal law), including
without limitation claims for: collection of overpaid wages
and commissions, recovery of reimbursed tuition or relocation
expense reimbursement, damage to or loss of Charter property,
recovery of unauthorized charges on company credit card;
claims for unlawful termination, unlawful failure to hire or
failure to promote, wage and hour-based claims including
claims for unpaid wages, commissions, or other compensation
or penalties (including meal and rest break claims, claims
for inaccurate wage statements, claims for reimbursement of
Id:, Def.'s App. 09. Plaintiff filed this action
in state court on September 11, 2018, asserting causes of
action for breach of contract, quantum meruit, and fraud-all
based on alleged unpaid commissions. Pl.'s Orig. Pet.
¶¶ 34-50. Defendants removed the case to this Court
on October 15, 2018, see ECF No. 1, and Charter
filed the pending Motion on March 20, 2019.
to the Federal Arbitration Act ("FAA"), 9 U.S.C.
§ 1, et seq., written arbitration provisions
"shall be valid, irrevocable, and enforceable, save upon
such grounds as exist at law or in equity for the revocation
of any contract." 9 U.S.C. § 2. The FAA provides
that a party seeking to enforce an arbitration provision may
petition the court for "an order directing the parties