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Davis v. Lendmark Financial Services, LLC

United States District Court, W.D. Virginia, Roanoke Division

March 11, 2016

SANDRA M. DAVIS, Plaintiff,
v.
LENDMARK FINANCIAL SERVICES, LLC, Defendant.

MEMORANDUM OPINION

Michael F. Urbanski United States District Judge

This matter is before the court on the motion of defendant Lendmark Financial Services, LLC ("Lendmark") to compel arbitration and stay the instant proceedings. ECF No. 12. Lendmark contends that plaintiff Sandra Davis ("Davis") accepted its offer of employment online, and that this offer was expressly contingent on her consent to arbitration. Davis disagrees, stating that she does not recall seeing the offer letter that mentioned arbitration or accepting the offer online. Davis' online acceptance of the offer letter referencing arbitration is a material fact in dispute. As such, the court will DENY the motion to compel without prejudice and hold a jury trial to determine this discrete matter of fact.

I.

Davis applied to Lendmark for employment in February, 2014 by accessing the Lendmark website and submitting her application and resume. Davis Dep., ECF No. 31-2, at 10. Lendmark asserts that Davis' application process was completed by means of a third-party online service, ADP VirtualEdge. According to Lendmark, the application process required Davis to set up a password-protected account. For her part, Davis professed no memory of having to set up an account under her name in order to submit her application, but acknowledged that she applied by means of the Lendmark website. Id. at 17-18. Davis initially applied for a branch manager position but received an email in late March, 2014, indicating that someone else had been hired for that position. Id. at 24. On April 15, 2014, Davis then applied for a customer service position with Lendmark by using its website and uploading her resume. Id. at 25. Davis was interviewed for this position on April 22, 2014, and received an email about a job offer on April 28, 2014. Id. at 33-34. Davis' testimony regarding this sequence of events was clear.

Q. Then you had a job interview on 4/22; correct?
A. Correct.
Q. And then the next thing that happened was you received an e-mail on 4/28. Correct?
A. Correct.

Id. at 33. The April 28, 2014 email stated that "[w]e are pleased to confirm the details of our offer for the Customer Service Representative III position. Please use the link below to view your offer and provide feedback." Id. at 34. While Davis admits receiving this email, she professes no recollection of clicking on the link or viewing the offer letter.

Q. Okay. Now did you click on the link?
A. I don't recall clicking on the link. I don't recall it.
Q. You don't recall not clicking on the link; right?.
A. I don't recall it either way. I ...

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