Opinion

Iraheta

Court
District Court, S.D. Florida
Filed
Aug 13, 2026
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 26-cv-22952-BLOOM/Elfenbein

SOFIA IRAHETA,

Plaintiff,

v.

PARAMOUNT RESIDENTIAL,

MORTGAGE GROUP, INC., and

JOSE ARPAJON,

Defendants.

_________________________/

OMNIBUS ORDER ON MOTION TO COMPEL ARBITRATION AND MOTION TO

STAY

THIS CAUSE is before the Court upon Defendants’ Motion to Compel Arbitration and

Stay Lawsuit, ECF No. [19], and Defendants’ Motion to Stay Discovery, ECF No. [35]. Plaintiff

filed Responses in Opposition, ECF Nos. [28]; [40]. The Court has reviewed the Motions, the

supporting and opposing submissions, the record, and is otherwise fully advised. For the reasons

that follow, the Motions are denied.

On April 27, 2026, Plaintiff filed her Complaint alleging sexual discrimination and

retaliation in violation of Title VII and the Florida Civil Rights Act. See generally ECF No. [1].

Defendant seeks to compel arbitration and stay the case, arguing Plaintiff is bound by a valid and

enforceable agreement to arbitrate which covers any claims arising out of or related to

“employment, compensation, or termination of employment.” ECF No. [19] at 4-6. Defendants

also seek to stay discovery pending a ruling on the Motion to Compel Arbitration. See generally

ECF No. [35]. Plaintiff responds that the arbitration agreement expressly excludes her claims from

mandatory arbitration. ECF No. [28] at 3.

“Under both federal and Florida law, there are three factors for the court to consider in

determining a party's right to arbitrate: (1) a written agreement exists between the parties

containing an arbitration clause; (2) an arbitrable issue exists; and (3) the right to arbitration has

not been waived.” Sims v. Clarendon Nat. Ins. Co., 336 F. Supp. 2d 1311, 1326 (S.D. Fla.

2004) (citing Marine Envtl. Partners, Inc. v. Johnson, 863 So. 2d 423, 426 (Fla. 4th DCA

2003) and Seifert v. U.S. Home Corp., 750 So. 2d 633 (Fla. 1999)).

Here, the Parties do not contest the existence of an arbitration agreement. However, as

Plaintiff points out, the arbitration agreement contains an exception. ECF No. [35] at 3. The

exception reads as follows:

2. The only exceptions to binding arbitration shall be for sexual assault claims

(meaning a nonconsensual sexual act or sexual contact as defined by 18 U.S.C.

section 2246 or similar state or tribal law, including when the victim lacks the

capacity to consent) or sexual harassment claims (meaning conduct that is alleged

to constitute sexual harassment under applicable federal, state or tribal law), unless

I voluntarily elect to submit such claims to arbitration, claims arising under the

National Labor Relations Act which are brought before the National Labor

Relations Board, claims for medical and disability benefits under state workers’

compensation law, claims for unemployment insurance, or other claims that are not

subject to arbitration under law.

ECF No. [19-1]. Central to Plaintiff’s Complaint are allegations of sex discrimination and

harassment, which squarely fall within the exceptions of binding arbitration. See ECF No. [1].

Moreover, Plaintiff has made clear that she has not agreed to voluntarily submit her claims for

arbitration. As such, Defendants’ Motion to Compel Arbitration, ECF No. [19] is denied. Because

the Court denies the Motion to Compel Arbitration, Defendants’ Motion to Stay Discovery is

denied as well.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. Defendants’ Motion to Compel Arbitration, ECF No. [19], is DENIED.

2. Defendants’ Motion to Stay Discovery, ECF No. [35], is DENIED AS MOOT.

Case No. 26-cv-22952-BLOOM/Elfenbein

DONE AND ORDERED in Chambers at Miami, Florida, on August 13, 2026.

BETH BLOOM

UNITED STATES DISTRICT JUDGE

ce: counsel of record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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