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Thomas v. Fiserv Solutions

United States District Court, E.D. Missouri, Eastern Division

April 26, 2017

PEARLIE MAE THOMAS, Plaintiff,
v.
FISERV SOLUTIONS, Defendant.

          MEMORANDUM AND ORDER

          CAROL E. JACKSON UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the motion of defendant Fiserv Solutions to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(1), and to compel arbitration, pursuant to the Federal Arbitration Act, 9 U.S.C. § 2. Plaintiff has not filed a response in opposition and the time allowed for doing so has expired.

         I. Background

         Plaintiff brings this action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., claiming that the defendant discriminated against, harassed, and retaliated against her because of her age. Shortly after plaintiff began working for defendant in April 2013, she signed a “Mutual Agreement to Arbitrate Claims” (the “Agreement”), which provides, in relevant part:

Each party's promise to resolve claims by arbitration in accordance with the provisions of this Agreement, rather than through the courts, is consideration for the other party's like promise.
...
The parties agree to submit to arbitration any and all disputes arising from or related to . . . claims of discrimination . . . or the termination of employment between the parties for which a court otherwise would be authorized by law to grant relief.
...
[T]he claims covered by this Agreement include, but are not limited to . . . discrimination claims, including but not limited to race, sex, religion, national origin, age, marital status, handicap, disability or medical condition; and claims for violation of any federal, state or other governmental constitution, statute, ordinance or regulation.
...
In utilizing this process and signing this agreement, the employee and the Company relinquish all rights to pursuing through the courts the claims covered by this Agreement.
...
The parties further agree that this arbitration process shall be the exclusive means for resolving all disputes made subject to arbitration, including any issues or ...

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