Garnes v. Pritchard Industries, Inc.

Background

This order concerns two cases brought by pro se plaintiff Mark Garnes against Pritchard Industries, Inc. Garnes asserted discrimination and other claims against Pritchard, which the order describes as his former employer. Pritchard moved to compel arbitration in both cases, and the court previously granted those motions in relevant part. The cases were then stayed, meaning paused, while arbitration proceeded.

The union, Service Employees International Union, Local 32BJ, declined to arbitrate Garnes's discrimination claims. Garnes told the court that he would not begin arbitration on his own because he lacked the money to do so. Pritchard responded that, under the applicable collective bargaining agreements, the union and the Realty Advisory Board on Labor Relations would cover mediation costs and the employer would cover the arbitrator's fees. Garnes later stated that he planned to pursue arbitration on his own initiative after learning about those cost arrangements.

Court's action

The court had ordered Garnes to show why the stay should not be lifted, his discrimination claims should not be dismissed, and he should not be given a deadline to file a second amended complaint addressing only nonarbitrable claims. Because Garnes represented that he planned to arbitrate his discrimination claims, the court deemed that show-cause order satisfied. Magistrate Judge Sarah L. Cave ordered Garnes to promptly take the steps necessary to initiate arbitration and ruled that the stays in both cases would remain in effect pending completion of arbitration.

The parties must meet and confer and file a joint status letter in the first case by March 6, 2024. Unless the court orders otherwise, they must file another joint status letter every 30 days until arbitration is completed. This order did not dismiss Garnes's claims or decide their merits.