Lindgren

Lindgren v. Public Storage

Good Law
290 F. App'x 971
United States Court of Appeals for the Ninth CircuitAugust 26, 2008No. 07-35588California491 words

Opinion

Lead Opinion

MEMORANDUM *

Alan Lindgren sued his former employer, Public Storage, Inc., for violations of the Americans with Disabilities Act (“ADA”), federal Family and Medical Leave Act, and Oregon state law. Public Storage moved to dismiss and compel arbitration of Lindgren’s claims. The district *972 court granted the motion to dismiss, holding that Lindgren bound himself to the terms of an arbitration agreement included in Public Storage’s 1998 Employee Handbook. Lindgren moved for reconsideration, and the district court denied his motion. This appeal followed.

Approximately five months after Lind-gren was hired, he signed a single page form which provided: “THIS AGREEMENT IS A WAIVER OF ALL RIGHTS TO A CIVIL COURT ACTION FOR A CLAIM ARISING OUT OF OR RELATED TO EMPLOYEE’S EMPLOYMENT WITH COMPANY, ONLY THE ARBITRATOR, AND NOT A JUDGE OR JURY, WILL DECIDE THE CLAIM OR DISPUTE!;]” and another which provided: “I have received a copy of the Employee Handbook and have read it. If I was not sure I fully understood a policy, I asked my supervisor to provide a further explanation. I agree to abide by all of the policies described in the Handbook.”

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