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Jemiri v. Public Service Enterprise Group Services Services Corp.

United States District Court, E.D. New York

February 27, 2018

AYOKUNLE JEMIRI, MS, MBA, PMP, Plaintiff,
v.
PUBLIC SERVICE ENTERPRISE GROUP CORPORATION (“PSEG”), PUBLIC SERVICE ENTERPRISE GROUP INCORPORATED LONG ISLAND (“PSEG-LI”), IPS NEW JERSEY (“IPS”), CHRISTOPHER BEGLEY, in his corporate capacity as Project Controls - Scheduler for IPS and in his individual capacity, and ROBIN C. PERSAD, PE, PP, PMP in his corporate capacity as Director of Projects & Construction for PSEG-LI and in his individual capacity, Defendants.

          Jimmy M Santos, PLLC Attorney for the Plaintiff, Jimmy M. Santos, Esq., Of Counsel

          Morgan Lewis & Brockius, LLP Attorneys for PSEG & Persad, Sean P. Lynch, Esq. Jake F. Goodman, Esq., Of Counsel

          MEMORANDUM OF DECISION & ORDER

          ARTHUR D. SPATT United States District Judge

         The Plaintiff, Ayokunle Jemiri, (“Jemiri” or the “Plaintiff”) commenced this action against the Defendants, Public Service Enterprise Group Corporation and Public Service Enterprise Group Incorporated Long Island (together, “PSEG”), IPS New Jersey (“IPS”), Christopher Begley, in his corporate capacity as Project Control - Scheduler for IPS and in his individual capacity (“Begley”), and Robin C. Persad in his corporate capacity of Director of Projects & Construction for PSEG and in his individual capacity (“Persad”) (collectively, the “Defendants”) alleging employment discrimination on the basis of race, national origin, color, and retaliation.

         Presently before the Court is a motion to compel arbitration pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., and stay this action and award PSEG attorneys' fees and costs. The Plaintiff has not filed any opposition papers. For the following reasons, the motion to compel is granted in part and denied in part.

         I. BACKGROUND

          A. The Factual Background

         On September 22, 2014, the Plaintiff was allegedly hired by PSEG in the capacity of Project Manager in Hicksville, New York. That same day, the Plaintiff signed an Arbitration Agreement (the “Agreement”) in connection with his employment with PSEG. In relevant part, the Agreement states that it covers “any and all disputes arising out of or relating to [the Plaintiff's] employment with PSEG, the termination of [his] employment, or this Agreement.” Further, the Agreement specifies:

You agree to waive your right to a jury trial and a judicial forum in any action or proceeding related to your employment with PSEG, the termination of your employment, or this Agreement whether the claim is based upon statute, regulation, contract, tort or other common law principles. Such claims include but are not limited to claims of workplace discrimination, harassment, or retaliation. This waiver applies to claims against PSEG, its past, present, or future, parents, affiliated or subsidiary companies, divisions, assigns, successors, insurers, and each of its/their past, present or future officers, directors, agents, consultants, employees, attorneys, boards of directors, and representatives.

Agreement at 1.

         On April 25, 2016, PSEG allegedly terminated the Plaintiff's employment with the company.

         B. The Procedural Background

         On August 1, 2017, the Plaintiff commenced this action against the Defendants by filing the operative complaint.

         PSEG alleges that its counsel engaged in a succession of correspondence regarding the Agreement, and the Plaintiff's counsel allegedly refused to agree to submit ...


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