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Barrows v. Brinker Restaurant Corp.

Employer's Preponderant Evidence Shows Employee's Agreement to Arbitrate Claims

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SUMMARY ORDER In a February 18, 2021 Summary Order, this court granted defendant Brinker Restaurant Corporation’s motion to dismiss and compel arbitration, (Dkt. No. 30), but the Second Circuit Court of Appeals vacated with respect to plaintiff Savannah Barrows¹ and remanded, (Dkt. No. 43). The parties agreed that a non-jury bench trial to resolve the factual disputes identified by the Second Circuit was the appropriate course of action for the adjudication of Brinker’s motion following the appeal. (Dkt. No. 45.) Accordingly, the matter came before the court for a trial to determine whether Barrows agreed to arbitrate claims arising from her employment with Brinker. The parties stipulated to the admission of all exhibits on their respective exhibit lists, which included, among other things, the declarations filed in connection with the motion to dismiss and compel arbitration. (Dkt. Nos. 49, 50.) Notably, those declarations generally establish that an agreement to arbitrate was signed by Barrows electronically on September 13, 2015 — a day that she worked — as part of the onboarding process with Brinker when it succeeded Barrows’ previous employer, Pepper Dining, Inc. (PDI). (D. Ex. 7

9, 28; see D. Exs. 1, 2, 4.) Joshua Planty, the general manager of the restaurant where Barrows worked, denied completing Barrows’ onboarding documents or directing “any other manager to complete onboarding paperwork for…Barrows.” (D. Ex. 8

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