Catz v. Precision Global Consulting

Catz v. Precision Global Consulting

Opinion

OPINION AND ORDER

RAMOS, D.J.:

Caroline Catz brings this action pro se against Precision Global Consulting ("PGC"), D2 Legal Technology Ltd. ("D2"), and Phaidon International ("Phaidon"), alleging violations of the Equal Pay Act ("EPA"), the Fair Labor Standards Act ("FLSA"), Title VII of the Civil Rights Act of 1964 ("Title VII"), and 42 U.S.C. § 1981 against each defendant. Before the Court are motions to compel arbitration pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-3, submitted by PGC, D2, and Phaidon respectively. For the reasons set forth below, the Court grants the defendants' motions to compel arbitration [*2]  and will stay proceedings pending the outcome of arbitration. However, the Court denies Phaidon's and D2's motions to the extent that they seek partial dismissal of the case.

I. BACKGROUND

a. Factual Background

In 2018, D2, a legal consulting firm based in London, England, sought the assistance of Phaidon, a global recruiting and staffing agency, to identify an experienced financial-transactions lawyer for its temporary position of Lead International Swaps and Derivatives Association ("ISDA") Negotiator. Doc. 28 at 5; Doc. 34 at 6. D2 had been enlisted by an investment bank to conduct a review for compliance with banking regulations, and the candidate hired for this position would work out of the investment bank's North Carolina offices. Doc. 35, ¶¶ 1, 2, 4. On March 20, 2018, Phaidon began recruiting Caroline Catz for the position with D2. Doc. 2 at 10-11; Doc. 28 at 6. Catz is a self-described "accomplished, intelligent and articulate 46-year-old professional American woman of Haitian descent." Doc. 2 at 10. Among other undergraduate and advanced degrees, she holds a Juris Doctor from Columbia Law School and is a member of the New York State Bar. Id. According to Catz, Phaidon initially [*3]  told her that the position would be based in New York.¹ Id. at 11.

On March 23, 2018, Catz interviewed with Paul Chymiy, D2's Head of U.S. Operations, at Phaidon's New York office, after which she was offered the position of Lead ISDA Negotiator. Doc. 2 at 11; Doc. 35, ¶ 5. During this interview, Chymiy told Catz that the position was based in Raleigh, North Carolina—not New York—and that it would require her to relocate to Raleigh for the duration of the project, which was expected to take about one year. Doc. 2 at 11. On March 30, 2018, Catz received a "Confirmation of Contract" from Phaidon, which noted that her contract would be assigned to D2, and which provided basic compensation information. Doc. 2 at 12; Doc. 41-5. This one-page document explained that "these details are for [Catz's] information only" and that "a formal contract of employment will be sent to [Catz] by [D2]." Doc. 41-5. Before Catz signed the Confirmation of Contract, she contends that the defendants made her a litany of promises about her employment. Doc. 2 at 12-13. According to Catz, they promised that the role would provide the senior managerial opportunity she was seeking. Id. They promised that she would receive a per diem [*4]  of ninety dollars per day, seven days a week, in consideration of the substantial costs of relocating from New York to Raleigh.² Id. at 13. They promised that she would receive a cash advance to cover her travel expenses and initial hotel expenses in Raleigh. Id. And they promised that she would have at least four weeks to relocate to Raleigh, so that she could wrap up her affairs in New York. Id. Catz signed and returned the Confirmation of Contract on April 2, 2018. Id.; Doc. 41-5. Subsequently, Catz signed an "Agreement in relation to Provision of Services" with D2.³ Doc. 41-7; Doc. 41-8. This agreement, which describes the terms of Catz's independent consultancy for D2, defined D2 as "the Client," Catz as "the Independent Consultant," and PGC as "the Consultant Company." Doc. 41-8.

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