Kevin Shelby v. Brookdale Senior Living, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 25 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN M. SHELBY, No. 21-15547

Plaintiff-Appellant, D.C. No. 2:20-cv-00804-MTL

v.

MEMORANDUM*

BROOKDALE SENIOR LIVING, INC., an Arizona corporation,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding

Argued and Submitted April 13, 2022 Pasadena, California

Before: CALLAHAN and VANDYKE, Circuit Judges, and ARTERTON,** District Judge.

Kevin Shelby appeals the district court’s order dismissing his Title VII claims

against Brookdale Senior Living, Inc., and compelling arbitration of those claims

pursuant to the Employment Binding Arbitration Agreement (“Arbitration

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Janet Bond Arterton, United States District Judge for the District of Connecticut, sitting by designation. Agreement”) Shelby signed. On appeal,…