Melody Bynum v. Maplebear Inc., dba Instacart

The district court ordered Plaintiff to arbitrate her FLSA claims. Because of her belief that her FLSA claims are nonarbitrable – an issue of first impression, as well as the risks and costs of arbitration - financial and otherwise, Plaintiff opposed the order and declined arbitration. The district court dismissed Plaintiff’s case as a result. The Second Circuit dismissed the appeal for lack of jurisdiction. First, the Second Circuit reasoned and held, based on Circuit precedent, that the Federal Arbitration Act (“FAA”), required a stay of the case, and that the district court lacked authority under the FAA to dismiss the case. Second, it also reasoned that Plaintiff “voluntarily” dismissed her claims, and as such, it lacked jurisdiction under 28 U.S.C. § 1291. A few weeks later, the “#MeToo” movement began sweeping the nation with an unprecedented public focus on the role of arbitration in silencing victims of workplace abuses – denial of appellate review is a significant and unnecessary form of silencing.

1. Whether the Federal Arbitration Act (“FAA”), requires a district court to issue a stay after compelling arbitration of all claims, as the Second, Third, Seventh and Tenth Circuits have held, or whether the district court can dismiss the case, as the First, Fifth, and Ninth Circuits have held?

2. Whether the Second Circuit lacked appellate jurisdiction under 28 U.S.C. § 1291, in light of FRCP 41, and this Court’s decision in U.S. v. Procter & Gamble Co., 356 U.S. 677 (1958), recently reaffirmed in June 2017, which address involuntary dismissals?