Full title: Laryssa Jock, et al., Plaintiffs, v. Sterling Jewelers Inc., Defendant.
Court: United States District Court, S.D. New York.
Date published: May 22, 2016
Facts
For the past eight years, defendant Sterling Jewelers Inc. (“Sterling”) and plaintiffs Laryssa Jock et al. have been engaged in arbitration over plaintiffs’ claims that Sterling discriminated against them in violation of both Title VII of the Civil Rights Act and the Equal Pay Act (EPA). Most recently, on March 23, 2016, defendant Sterling filed a motion seeking to vacate certain rulings issued by the arbitrator, specifically, orders conditionally certifying a collective action under the EPA and tolling the statute of limitations for EPA claims. For the reasons stated below, the Court determines that it has no jurisdiction at this time to review Sterling’s motion to vacate these rulings, since the rulings of the arbitrator that Sterling challenges are not “final” rulings.
By way of background, on March 18, 2008, plaintiffs filed suit in this Court on behalf of themselves and all persons similarly situated, alleging sex discrimination in Sterling’s promotion and compensation policies and practices in violation of both Title VII of the Civil Rights Act and the EPA. On June 18, 2008, this Court granted the plaintiffs’ motion to refer the matter to arbitration. See Order, Dkt. 52. There followed extensive proceedings before the arbitrator, this court, and the Second Circuit Court of Appeals, familiarity with which will here be presumed.
Issue
Decision
For all these reasons, the Court holds that it lacks jurisdiction to review the arbitrator’s conditional certification award and tolling order. The Clerk of Court is directed to close docket entry 146.
SO ORDERED.
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