Where a woman agreed to arbitrate “any and all disputes between the Parties” when she signed on to a mobile app owned and administered by Walmart that allows independent contractors to provide shopping and delivery services for retailers and consumers, the agreement to arbitrate applied to the claims the woman brought against Walmart arising out of her visiting the store in her personal capacity.
Background
Kamille Smith and her husband Leonard Smith sued Walmart Inc., Wal-Mart Stores East LP and Jane Doe on behalf of themselves and their minor children, for defamation, false imprisonment and for allegedly violating the Civil Rights Act of 1964. The claims arise out of an April 2022 visit by the Smith family to their local Walmart, where they were stopped and detained by Jane Doe and others and accused of stealing. The case is before the court on Walmart’s motion to compel arbitration and stay proceedings and the Smiths’ motion to strike.
Motion to strike
Per Local Rule 11(b), Walmart should have either requested a hearing or otherwise indicated that both parties were content to submit their respective motions without a hearing. However, the court retains the authority to determine a motion without oral hearing pursuant to Fed. R. Civ. P. 78(b).
In this instance, the court has sufficient information to rule on the motion to compel based on the briefing, and the Smiths would not be prejudiced on the merits by the court not holding a hearing, as they likewise did not request...
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