Leary v. Diamond Resorts International et al
| Charmaine Leary |
| Diamond Resorts International and Diamond Resorts Financial Services |
| 3:2020cv30112 |
| July 13, 2020 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1442 |
| Both |
Docket Report
This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 Judge Mark G. Mastroianni: ORDER entered. Order of Dismissal. (Lindsay, Maurice) |
| Filing 22 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #7 Motion to Compel Arbitration. Defendant asserts this court should compel arbitration because agreements drafted by Defendant and signed by Plaintiff included mandatory arbitration clauses. Plaintiff has not alleged an impairment that specifically affects the validity of the arbitration provision in the alleged contracts, but rather asserts Defendant acted fraudulently to obtain her signatures on the alleged contracts and, therefore, the contracts as a whole are not valid. "The Federal Arbitration Act provides: 'A written provision in ... a contract ... to settle by arbitration a controversy ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.'" Biller v. S-H OpCo Greenwich Bay Manor, LLC, Inc., 961 F.3d 502, 598 (1st Cir. 2020) (quoting 9 U.S.C. 2); see also Epic Systems Corp. v. Lewis, 138 S.Ct. 1612 (2018) (clarifying limits of saving clause when only validity of arbitration provision, not entire contract is in dispute). This does not mean that a plaintiff may avoid application of an arbitration clause by attacking the underlying contract, only that the grounds for attacking an arbitration clause are limited to those generally applicable to contracts. Id. "A party seeking to compel arbitration under the FAA must demonstrate 'that a valid agreement to arbitrate exists, that the movant is entitled to invoke the arbitration clause, that the other party is bound by that clause, and that the claim asserted comes within the clause's scope.'" Dialysis Access Ctr., LLC v. RMS Lifeline, Inc., 638 F.3d 367, 375 (1st Cir. 2011) (quoting InterGen N.V. v. Grina, 344 F.3d 134, 142 (1st Cir. 2003)). While "a challenge to the validity of the arbitration provision must be decided by the court," when the validity of the entire contract is challenged, the issue must be decided by an arbitrator. Nat'l Fed. of the Blind v. The Container Store, Inc., 904 F.3d 70, 81 (1st Cir. 2018). Defendant has identified language in the contracts signed by Plaintiff which allows either party to compel that claims, a term defined broadly in the contracts, be resolved through arbitration. As Plaintiff has opposed Defendant's motion solely on the grounds that the contracts, as a whole, are invalid and not by contesting the specific validity or applicability of the arbitration provision, the court finds that under the FAA, the issues related to the validity of the underlying contracts must be decided in arbitration. The court, therefore, dismisses this case without prejudice to refiling following arbitration. This case may now be closed. |
| Filing 21 REPLY to Response to #7 MOTION to Compel Arbitration, #19 First MOTION for Leave to File Sur-Reply filed by Charmaine Leary. (Ryan, Timothy) |
| Filing 20 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting, as unopposed, #19 Plaintiffs Motion for Leave to File. Plaintiff may file a sur-reply not to exceed six pages. (Zamorski, Michael) |
| Filing 19 First MOTION for Leave to File by Charmaine Leary.(Ryan, Timothy) |
| Filing 18 REPLY to #14 First Opposition to #7 MOTION to Compel Arbitration filed by Diamond Resorts Financial Services, Diamond Resorts International. (Rodriguez-Vazquez, Teremar) |
| Filing 17 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting, as unopposed, #16 Defendants Motion for Leave to File Reply to Plaintiffs Opposition to Defendants Motion to Compel Arbitration. Defendants may file a reply not to exceed six pages. (Lindsay, Maurice) |
| Filing 16 MOTION for Leave to File Reply to Plaintiff Opposition to Motion to Compel Arbitration by Diamond Resorts Financial Services, Diamond Resorts International.(Rodriguez-Vazquez, Teremar) |
| Filing 15 AFFIDAVIT in Opposition re #7 MOTION to Compel Arbitration filed by Charmaine Leary. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Ryan, Timothy) |
| Filing 14 First Opposition re #7 MOTION to Compel Arbitration filed by Charmaine Leary. (Ryan, Timothy) |
| Filing 13 STATE COURT Record All Plaintiffs.. (Rodriguez-Vazquez, Teremar) |
| Filing 12 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #11 Plaintiffs Assented to Motion for Extension of Time to 8/14/2020 to file opposition to #7 Defendants Motion to Compel Arbitration. (Lindsay, Maurice) |
| Filing 11 Assented to MOTION for Extension of Time to 8/14/2020 to File Response/Reply as to #7 MOTION to Compel Arbitration by Charmaine Leary.(Ryan, Timothy) |
| Filing 10 Notice of correction to docket made by Court staff. The motion to compel (Dkt. No. #7 ) was edited to replace exhibits 1 & 2 because they contain personal/confidential information and to remove the attached memorandum which incorrectly filed as an attachment, the memorandum is not an appropriate attachment. The CM/ECF procedures require that the memorandum in support must be filed separately and identified accordingly. The memorandum have been removed and docket separately. See (Dkt. No. #9 ) (Lindsay, Maurice) |
| Filing 9 MEMORANDUM of Law in Support of Defendant's #7 MOTION to Compel Arbitration filed by Diamond Resorts Financial Services, Diamond Resorts International. (Lindsay, Maurice) |
| Filing 8 NOTICE of Appearance by Teremar Rodriguez-Vazquez on behalf of Diamond Resorts Financial Services, Diamond Resorts International (Rodriguez-Vazquez, Teremar) |
| Filing 7 MOTION to Compel Arbitration by Diamond Resorts Financial Services, Diamond Resorts International. (Attachments: #1 Supplement Memorandum of Law, #2 Affidavit Support of Motion to Compel, #3 Exhibit Exh. 1 to Affidavit, #4 Exhibit Exh. 2 to Affidavit)(Rymarski, Jennifer) (Attachment 3 replaced on 7/27/2020) (Lindsay, Maurice). (Attachment 4 replaced on 7/27/2020) (Lindsay, Maurice). |
| Filing 6 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #5 Defendants Emergency Motion for Extension of Time to 7/27/2020 to File Answer based on the apparent assent of Plaintiffs counsel to such an extension. (Lindsay, Maurice) |
| Filing 5 Emergency MOTION for Extension of Time to 07/27/2020 to File Answer and Compel Arbitration by Diamond Resorts Financial Services, Diamond Resorts International. (Attachments: #1 Affidavit)(Rymarski, Jennifer) |
| Filing 4 Remark: A Certified copy of the Notice of Removal has been emailed today to Defendants Counsel for service on the State Court in order to obtain the certified State Court record. (Lindsay, Maurice) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Lindsay, Maurice) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Diamond Resorts International identifying Corporate Parent Diamond Resorts Financial Services, Corporate Parent Diamond Resorts International, Inc. for Diamond Resorts International.. (Rymarski, Jennifer) |
| Filing 1 NOTICE OF REMOVAL by Diamond Resorts International ( Filing fee: $ 400, receipt number 0101-8326333 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Category Sheet)(Rymarski, Jennifer) |
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