McCain v. Wells Fargo Bank, N.A.

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:25-CV-00951-KDB-WCM
JADEMONAE' MCCAIN,
Plaintiff,
v. MEMORANDUM AND
ORDER
WELLS FARGO BANK, N.A.,
Defendant.
THIS MATTER is before the Court on Defendant Wells Fargo Bank, NA’s Motion to
Compel Entry of Stay Pending Arbitration (Doc. No. 10), which seeks to both compel arbitration
of Plaintiff’s employment discrimination claims, and to stay the matter pending the completion of
arbitration. Plaintiff has not responded to the Motion and the time to do so has expired. The Court
has carefully considered this motion and Defendant’s brief and exhibits in support of its motion.
For the reasons discussed below, the Court will GRANT the motion, compel arbitration and stay
this action pending the completion of arbitration.
I. LEGAL STANDARD
The Federal Arbitration Act (“FAA”) represents “a liberal federal policy favoring
arbitration agreements” and applies “to any arbitration agreement within the coverage of the
[FAA].” Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983). Under
Section 2 of the FAA, a written arbitration provision “shall be valid, irrevocable, and enforceable,
save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. §
2 (2012). Furthermore, the Supreme Court has held that “courts must rigorously enforce arbitration
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agreements according to their terms.” AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339
(2011).
In the Fourth Circuit, a litigant can compel arbitration under the FAA if he can demonstrate:
“(1) the existence of a dispute between the parties, (2) a written agreement that includes an
arbitration provision which purports to cover the dispute, (3) a relationship of the transaction,
which is evidenced by the agreement, to interstate or foreign commerce, and (4) the failure, neglect
or refusal of [a party] to arbitrate the dispute.” Galloway v. Santander Consumer USA, Inc., 819
F.3d 79, 84 (4th Cir. 2016); see also Chorley Enters., Inc. v. Dickey’s Barbecue Rests., Inc., 807
F.3d 553, 563 (4th Cir. 2015). Agreements to arbitrate are construed according to ordinary rules
of contract interpretation, as augmented by a federal policy requiring that all ambiguities be
resolved in favor of arbitration. Choice Hotels Int’l, Inc. v. BSR Tropicana Resort, Inc., 252 F.3d
707, 710 (4th Cir. 2011). Whether a party agreed to arbitrate a particular dispute is a question of
state law governing contract formation. Adkins v. Labor Ready, Inc., 303 F.3d 496, 500-01 (4th
Cir. 2002). “[T]he party resisting arbitration bears the burden of proving that the claims at issue
are unsuitable for arbitration.” Green Tree Fin. Corp.-Ala. v. Randolph, 531 U.S. 79, 81 (2000).
If the Court sends a case to arbitration, it must stay the case if either party requests it,
assuming that there are no other reasons to dismiss unrelated to the fact an issue in the case is
subject to arbitration. See Smith v. Spizzirri, 144 S. Ct. 1173, 1176 (2024). For example, where all
the claims at issue in a lawsuit are arbitrable, but neither party has requested a stay, the court may
dismiss the lawsuit for lack of subject matter jurisdiction pursuant to Rule 12(b)(1). Wake Cnty.
Bd. of Educ. v. Dow Roofing Sys., LLC, 792 F. Supp. 2d 897, 900 (E.D.N.C. 2011); see also Choice
Hotels Intern., 252 F.3d at 709-10 (“[D]ismissal is a proper remedy when all of the issues presented
in a lawsuit are arbitrable.”).
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Alternatively, where the claims at issue are arbitrable, but neither party has requested a
stay, a court may choose to stay a lawsuit pending the parties’ completion of arbitration. See
Silkworm Screen Printers, Inc. v. Abrams, No. 91-1631, 1992 WL 317187, at *6 (4th Cir. Nov. 4,
1992) (“If the district court finds that [plaintiff] agreed to arbitrate ... it may either dismiss
[plaintiff’s] complaint for lack of subject matter jurisdiction or stay its proceedings pending
arbitration and consideration of the award pursuant to Article V of the Convention.”).
II. FACTS AND PROCEDURAL HISTORY
Plaintiff JadeMonae’ McCain is a current or former Wells Fargo employee. Doc. No. 11 at
1. In connection with her employment, Ms. McCain and Wells Fargo entered into the Wells Fargo
Mutual Arbitration Agreement (“the Agreement”) on October 19, 2017. See Doc. No. 11-1 at 1.
The Agreement states, in relevant part, “Wells Fargo and I mutually agree that any legal Claims
arising out of my application for employment, employment, or separation from employment with
Wells Fargo shall be resolved by final and binding arbitration. Except as noted below, Wells Fargo
and I agree to waive our rights to pursue any Claims in court or before a jury.” Id. The Agreement
specifically defines covered claims to include:
claims for discrimination, harassment, retaliation, tortious conduct, wrongful
discharge, breach of contract, promissory estoppel, expense reimbursement, wages,
compensation, or claims for violations of any federal, state, or local statute,
regulation, or common law, including, but not limited to, Title VII of the Civil
Rights Act of 1964, Americans with Disabilities Act, Age Discrimination in
Employment Act, Older Workers Benefit Protection Act, Rehabilitation Act, the
Equal Pay Act, Worker Adjustment and Retraining Notification Act, Family and
Medical Leave Act, Fair Labor Standards Act, and all applicable amendments.
Id.
Ms. McCain filed this action on November 24, 2025, asserting claims for purported
violations of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of
1990. Doc. No. 1 at 2.
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III. DISCUSSION
Under the well-established law supporting arbitration agreements, the Parties’ dispute must
be resolved in arbitration. See Kendall v. Reg’l Enters., LLC, No. 5:24-CV-00180-KDB-SCR,
2024 WL 4375792, at *1 (W.D.N.C. Oct. 2, 2024). As described above, there is no dispute that
Ms. McCain and Wells Fargo entered into an agreement to arbitrate her employment
discrimination claims against the company, and Ms. McCain has not objected to the Motion.
At Defendant’s request, the Court will stay rather than dismiss this action.
IV. ORDER
NOW THEREFORE IT IS ORDERED THAT:
1. Defendant’s Motion to Compel Arbitration and Stay (Doc. No. 10) is GRANTED; and
2. This matter is stayed until further order of the Court pending arbitration of this dispute.
SO ORDERED ADJUDGED AND DECREED.
Signed: May 8, 2026
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