United States District Court, E.D. New York
M Santos, PLLC Attorney for the Plaintiff, Jimmy M. Santos,
Esq., Of Counsel
Lewis & Brockius, LLP Attorneys for PSEG & Persad,
Sean P. Lynch, Esq. Jake F. Goodman, Esq., Of Counsel
MEMORANDUM OF DECISION & ORDER
D. SPATT United States District Judge
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
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.
A. The Factual Background
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.
April 25, 2016, PSEG allegedly terminated the Plaintiff's
employment with the company.
The Procedural Background
August 1, 2017, the Plaintiff commenced this action against
the Defendants by filing the operative complaint.
alleges that its counsel engaged in a succession of
correspondence regarding the Agreement, and the
Plaintiff's counsel allegedly refused to agree to submit