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Marine | Florida Southern
Administrative Order
PAPERLESS ORDER granting 10 Defendants' Joint Motion to Compel Arbitration and Stay. Defendants Holland America Line Limited ("Holland America") and Princess Cruise Lines, Ltd. ("Princess") argue that Plaintiff's employment agreement ("the Agreement") compels arbitration of Plaintiff's claims as to both Defendants. See [ECF No.10]; [ECF 10-1]. Plaintiff does not challenge the Agreement exists, is valid, and compels arbitration of her claims against Princess. See generally [ECF No. 13]. She only argues that Holland America, a non-signatory of the Agreement, cannot "enforce [the A]greement against a signatory (Plaintiff)." Id. at 6.
The Agreement contains a delegation provision that specifically grants "[t]he arbitrator and not any court or other body [the] exclusive authority to resolve any dispute relating to the... enforceability... of [the Agreement]...." [ECF 10-1 at 17]. While questions of the existence or validity of an arbitration agreement must be decided by the Court, Henry Schein, Inc. v. Archer & White Sales, Inc. , 586 U.S. 63, 69 (2019), parties are permitted to delegate questions of enforceability to an arbitrator. See Jones v. Waffle House, Inc., 866 F.3d 1257, 1264 (11th Cir. 2017). Plaintiff argues that Holland America cannot compel arbitration because the Agreement cannot be enforced by Holland America, not because the Agreement is invalid or does not exist. Thus, the Court does not have the authority to rule on Plaintiff's argument, as it is an issue of enforceability that the parties have permissibly delegated to an arbitrator.
Accordingly, the Court finds that the Agreement compels arbitration of Plaintiff's claims against Princess. Because the Agreement contains a valid delegation provision, the arbitrator must resolve in the first instance Plaintiff's challenge to the enforceability of the Agreement by Holland America. Defendants' 10 Motion to Compel Arbitration is GRANTED, and the proceeding is STAYED pending arbitration. All pending motions are DENIED as moot.
Signed by Judge Darrin P. Gayles on 9/8/2026. (sci)
Notice (Other)
Defendant's NOTICE MORE THAN NINETY (90) DAY NOTICE THAT THE DEFENDANTS MOTION TO DISMISS IS FULLY BRIEFED AND READY FOR ADJUDICATION by RAFAEL DE JESUS RINCONES BOHORQUEZ re 44 Defendant's MOTION to Dismiss with Prejudice 23 Amended Complaint/Amended Notice of Removal, PLAINTFFS AMENDED COMPLAINT & DEMAND FOR JURY TRIAL (Wandner, Jason)
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