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IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. TITOMAS/ST. JOFIN Plaintift CASE NO ST-9-CV-5 10 HANNAH PALL Vs ACTION FOR WRONGFUL DISCHARGE THE WESTIN ST. JOHN COMPANY, INC Defendant NOTICE OF EMORANDUM OPINION ENTRY OF ™ AND ORDER Teo: JUDGES OF THE SUPERLOR COURT BENNETT CHAN, ESQUIRE = LIBRARIAN MAGISTRATES OF THE SUPERIOR COURT T VINCENT A. FULLER, ESO ORDER BOOK, Esquire Flease take notice that on January 22,2010a(n}) Memorandum Opinion and Order daced January 13, 2010 was eritered by the Clerk in the above-entitled matter Dated JANLARY 22, 2010 Venetia H. Velazquez Esq Clerk of the Supenor tlourt pee 2 Court Clerk Supervisor IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN HANNAH PAUL, CASE NO. ST-09-CYV-510 Plaintiff, ¥5, THE WESTIN ST, JOHN COMPANY, INC. Defendant. ome ne ee ee ee ee ee ee he” MEMORANDUM OPINION This matter is before the Court on Defendant's December 18, 2009, Motion to Dismiss Plaintiff's Complaint and Compel Arbitration (“the Motion’). Plaintiff filed an Opposition to Defendant’s Motion (“Opposition”) on January 7, 2010. On June 15, 2005, Plaintiff executed an application for employment (“the Application”) with Defendant. The Application contained an arbitration clause providing: Any and all disputes relating to this application for employment, employment with Starwood [Defendant] or the termination of that employment will be resolved solely and exclusively through binding arbitration pursuant to the rules of the American Arbitration Association, All offers of employment are contingent upon execution of a Mutual Agreement to Arbitrate. Plaintiff's Complaint filed on October 29, 2009, contends that she was wrongfully discharged by Defendant on January 15, 2009. Plaintiffs contention clearly is covered under her “employment with Starwood or the termination of that employment,” resulting in Plaintiff's Complaint being subject to the arbitration clause in the Application. Hannah Paul v. The Westin St. John Company, ine. Case No. ST-09-C¥Y-510 Memorandum Opinion 2 of 3 Furthermore, in Plaintiff's Opposition, she conceded that her Complaint is subject to arbitration and agreed to proceed with her Complaint through the arbitration process. However, Plaintiff moved for the Court to stay the proceedings pending the completion of the arbitration process. In Lloyd v. Hovensa. 369 F.3d 263, 269-70 (3d. Cir. 2004), the court determined “whether a District Court has diserction to deny a motion for a stay pending arbitration and dismiss a complaint where it finds all claims before it to be arbitrable.” The court held that 9 U.S.C.A. § 3! requires district courts to stay cases that are granted arbitration and reasoned that staying the proceedings pending arbitration decisions promotes judicial economy because courts retain jurisdiction over the matter, and if arbitration is unsuccessful, the case may quickly return to the same judge presiding over the case. fa. Therefore, the Court will grant Defendant's Motion to Compel Arbitration, but this Court shall stay this matter pending arbitration. See Remole v. Sullivan, 17 V.L. 193, 200 (Terr. Ct. 1981) (the court decided to be consistent with the practice of the District Court and stay the case pending the outcome of arbitration). An appropriate Order is being executed simultaneously here with. Dated: January /4 , 2010 a _ HON. MICHAEL @DUNSTON JUDGE OF THE SUPERIOR COURT OF THE VIRGIN ISLANDS Attest: Date: January , 2010 Venetia H, Velasquez, Esq. CERTIFIED A TRUE COPY Clerk of the Court i i pair NO 2S, 21D Venetia | H. Velazquez, Es cae! C.A. & provides that suits brought in the court of the United States that have arbitra dna ourt shall be stayed if one of the parties moves to stay the proceeding. Court Clerk IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST, THOMAS AND ST. JOHN HANNAH PAUL, CASE NO, ST-09-CV-510 Plaintiff, vs. THE WESTIN ST. JOHN COMPANY, INC. Defendant. ORDER The Court having rendered a Memorandum Opinion this date, in accordance with that opinion it is ORDERED that Defendant’s Motion to Dismiss is DENIED WITHOUT PREJUDICE; and it is ORDERED that Defendant’s Motion to Compel Arbitration is GRANTED, and it is ORDERED that this action is stayed pending the outcome of arbitration: and it is ORDERED that the parties shall cause a copy of an arbitration award or disposition to be filed with the Court promptly upon receipt thereof; and it is ORDERED that copies of this Order be directed to counsel of record. Dated: January 79, 2010 hes = HON, MIC NSTON JUDGE OF THE SUPERIOR COURT OF THE VIRGIN ISLANDS Attest: Date: January . 2010 CERTIFIED A TRUE Copy’ Venetia H. Velasquez, Esq_ : ay Wie 2 Clerk of the Court / / Date: : | a =, Venetia H. Velazquez, Esc. = Clerk ofthe Court Fok ourt Clerk Supervisor f / [Zife By: (ier oe Count Clerk