Professional Documents
Culture Documents
____________________
No. 92-1133
CORION CORPORATION,
Plaintiff, Appellant,
v.
GIH-HORNG CHEN,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. William G. Young, U.S. District Judge]
___________________
____________________
Before
Breyer, Chief Judge,
___________
Campbell, Senior Circuit Judge,
____________________
and Cyr, Circuit Judge.
_____________
____________________
Richard L. Alfred,
__________________
Robert A. Bertsche
___________________
and
Per Curiam.
__________
district court's
lengthy
memorandum and
us is whether the
order
determining
We
conclude
that
it
is
not.
We
turn
to
the
background.
I.
_
Plaintiff
Gih-Horng
Personnel
Chen.
Corion Corporation
Chen
Policies
then invoked a
Manual
situations involving . .
which
discharged defendant
provision in Corion's
provided
. termination . . .
that
"[i]n
, an aggrieved
employee who is
will
be permitted
to have
management's decision
the grievance
arbitrated by
demanded arbitration.
an
Corion did
arbitrate
the
declaration
(count 2).
no
declaration
that
discharge
Chen was
decision
that plaintiff
was
not
(count
entitled to
1)
entitled
to
and
2)
discharge Chen
any right to
if it did,
hearings Corion
court
to dismiss
two
(Corion's request
for
a
The
-2-
briefing and
argument,
the district
court
issued an opinion
in the
manual was
termination decisions.
had
As
arbitration provision
applied to
that Chen
that issue.
The
argues
decision appealable
entire
has
and
under 28 U.S.C.
been
adjudicated.
was entitled
has
lawsuit
the memorandum
order
is a
final
to discharge
(for
Chen)
-3-
order is final.
A
_
First,
judgment on
the
a piece
district
of paper
a separate document a
be
overlooked.
See
___
has
not
separate from
court
Civ. P. 58.
entered
the underlying
Were the absence
Fiore v.
_____
appealing).
cf.
__
(case
remanded
separate document
to
district
where appellee
F.2d 92, 96
court
for
refused to
v.
(1st Cir.
entry
of a
waive separate
document requirement).
B
_
Here, however,
involved.
The
we think more
court did
not
enter
than informality
a
is
separate document
entire
action.
Rather,
proceedings
it
pending
granted defendant's
arbitration.
This
motion
suggests
to
stay
that the
retain jurisdiction
rather acted in
a manner to
arbitration.
To
-4-
be
sure,
the
district
"administratively
circumstances
equivalent
closed"
case
be
In
the
arbitration.
of dismissal.
a showing of
See Quinn v.
___ _____
be reopened upon
order
the
order compelling
Inc.,
____
directed that
pending
to a final judgment
to
court
case "closed,
in a
arbitration, staying
judicial proceedings,
in an
action
seeking damages
Wright,
A.
Miller,
Procedure
_________
under
&
E.
the securities
Cooper,
act); 15B
result in
the
for statistical
case
judgment").
"implies that an
purposes
does not
Rather, it is a reflection
order closing
make
a final
C.
we
conclude that
the
district
court has
In
retained
jurisdiction.
In
previous
cases
where
district
or
that
an order
directing
immediately appealable.
staying
has
of arbitration, we
proceedings
arbitration
De Fuertes
___________
court
is
v.
not
pending
final
or
Drexel, Burnham,
_________________
-5-
is instructive.
There, the
plaintiff sought
securities.
Defendant
arbitration.
to compel defendant
moved
to refer
Plaintiffs opposed
on
that point
in the
the controversy
arbitration,
district
pending
arbitration.
outcome of
This
the order
and
retaining jurisdiction
was
Plaintiffs
court, and
specifically retained
to
arguing the
to deliver
the court
jurisdiction
Plaintiffs appealed.
compelling arbitration
not appealable
as a
final
decision because
no
judgment
determining the
entire
controversy
between the
parties has
entered.
Contrary
to
appellant's
assertion, the litigation has not ended.
Rather, it has moved to another forum
with the expectation that it will return
to the [district court] for entry of a
final judgment.
Id.
___
at
11.
The
arbitration order
exception
to
the
opinion
then went
was not
final
on
to
say that
immediately appealable
judgment rule
and
the
under any
dismissed
the
appeal.
Corion contends that De Fuertes is not
__________
and
It
relies on a
different line of
controlling
that an order
compel arbitration
is a
final
appealable order.
See,
___
-6-
and
is nonfinal
(citations
and
not subject
to immediate
appeal.")
3914.17 at pp. 10
n.7 and
seeks only
appealable
in
appealable
Chen)
seeking
as a
final
the district
seeking a
ordinarily is
an action
because
to compel arbitration
other relief,
ordinarily
judgment").
It then
court dismissed
and
effectively
disposed
of
dispute was
not
that
(the count
entitled to discharge
of count
by
argues
count two
declaration
one in which
non-arbitrability)
it is
one
(seeking
deciding
that
a
the
now analogous to
issue is arbitrability
and the
same
finality
rules
litigant
desiring arbitration
structuring
should apply.
lawsuit
to
In
other
words, just
obtains a
seek
no
as a
final judgment
more
than
an
by
order
is
not
arbitrable
obtain a
final
judgment
by
declaration that
-7-
count two,
arbitrable.
Corion
is in
finality
should
not be
reaching
out prematurely
Now that,
the
defeated
through dismissal
position of
by
the
latter,
the district
court's
to assert jurisdiction
over post-
a declaration
jurisdiction
pending
the
outcome
of
arbitration, see
___
University Life Ins. Co. v. Unimarc Ltd., 699 F.2d 846, 848_________________________
____________
50 (7th
in an
was
not defeated
by
seeking only an
court's retention
arbitration order
of jurisdiction
to
future award);
Cincinnati Gas & Elec. Co. v. Benjamin F. Shaw Co., 706 F.2d
___________________________
____________________
155, 157-58
but
retaining
jurisdiction
arbitration, entered
non-arbitrability
case.
Corion
arbitrability;
(order compelling
pending
in an
action seeking a
treated as
final), for
did
not
it also
ask
asked
the
the court
that
the
personnel
manual
outcome
of
declaration of
that is
court
the
arbitration,
to
not this
decide
only
to determine
that
arbitration
provision
was
-8-
enforceable.
order,
dismissal
and
But it
it
may
has not
well
depending upon
purported
contemplate
the outcome
to enter
a final
re-examining
that
of arbitration.
For
example,
waived
the court
his right
issue
was
however,
for
agree
declined to
determine whether
to arbitrate,
as it
the
arbitrator.
with
Corion's
Chen had
concluded that
Should
position
the
that
that
arbitrator,
Chen
waived
two.
the court
Until a
subject
to
orders.
has
final judgment
law of
the case
In short, we do
impermissibly
enters,
is free,
principles, to
re-examine its
district court
reached
out
to
assert
or
retain
points to
several
cases
which, it
says,
is final
representative
Middlesex
_________
1971),
and appealable.
of Corion's
address two
position.
First
sought a declaration
which are
is County of
__________
53 (1st
Cir.
F.2d
We
-9-
of the
Subsequently, this
jurisdiction in
"Middlesex
_________
district
declaratory judgment
court's
reality
Corion
was a
a full
the Middlesex
_________
'order
compelling
final judgment."
case,
stated that
action in
which the
arbitration'
Langley,
_______
707 F.2d
is in reality a
in
at 3.
The district
was
coupled
full final
judgment.
Middlesex is
_________
distinguishable.
The county
in the
the present
case
entitled to
by requesting
discharge Chen.
a declaration
Hence,
that it
was
in Middlesex
_________
submitted
matter
to the
(albeit
leaving unresolved
present
case,
Corion
adjudicate the
declining
paper,
court
has
asked
the
In contrast, in the
district
to enter a final
court
to
district court, by
judgment on a
the
separate piece of
-10-
Second,
Corion
______
points
sued
contract.
his employer
The
arbitrate the
district
dispute even
to
Robbins v.
_______
breach
court ordered
though, under
(not a party to
according appellate
There, the
of an
the
employment
defendant
the terms
of the
to initiate arbitration,
this court
to
review,
George W.
__________
but
to do so.
noted that
the
it
this court
concluded
appealable under
that
even
if
the
order
so hold
was
not
view of
supervision."
Rather, if
the arbitrator
. .
decides that
may end up
Corion was
entitled to
discharge Chen.
On
these
-11-
In addition
and the
wording
of
to the absence of
the
final
a separate document
paragraph
of
the
21-page
memorandum
and order,
policy
considerations influence
our
present
one
seeking
no
more than
determination
concerning
arbitrability.
It
entered in
is
true that
an order
an action seeking
compelling arbitration
only an arbitration
order has
That is
bifurcate a
the
second
the
merits
arbitrable) or
challenges to the
the dispute is
arbitrable).
termination into
the
is
not
arbitrator's decision
(if
It is not.
dispute
compelling arbitration
may
be
recognize that
or
order
appealed if
14-16
is desirable
controversy over
F.2d 13,
not because it
two
1291
Graphic Communications
_______________________
1985).
efficient to
See, e.g.,
___ ____
permitting direct
inconsistent with
the
. . . We also
appeals of such
policies underlying
process.
acts, the
final judgment
the
orders is
arbitration
Court or Congress
-12-
immediately
an outcome.");
Zosky
_____
v.
denied,
______
Boyer, 856
_____
488 U.S. 1042
F.2d 554,
an order
to
speedy
arbitration."
arbitrate
delay
review
be appealed
before
in
appellate court
arbitration
"frustrate[s]
of
labor
the
policy
disputes
arbitration
wrought
forum decision
having to hear
order and
setting aside)
through
plus
by
Cir. 1984).
immediate appellate
the inefficiency
second from
the order
of an
from the
enforcing (or
than one,
the
of the
arbitration
to
resolution
1988), cert.
_____
compelling
favoring
(3d Cir.
arbitration is completed").
order
560
no more than
But
an order directing
arbitration is
&
3914.17 at
concepts
E.
Cooper,
p. 26 (1992)
under
(suggesting a revision
which an
arbitration
order
of finality
entered in
an
-13-
"it is
always
as the
most efficient
any subsequent
appeals
predispose us,
judgment
systemic
rule,
of
delay
and
arbitration
whenever possible
to
interlocutory order
view
inefficiency
an
entered in
orders
caused
by
tend
to
will
consistent with
arbitration
order as
an ongoing lawsuit
the final
but
an
(and not
discrete
controversy.
explained, we think
resolved
the entire
Here, for
the
reasons
specifically
left open
the
decision
to
dismiss count
district
court's order
possibility
two
and
it, but
the
that consequently
the
motion to
-14-
rather has
of revisiting
allowing Chen's
Appeal dismissed.
________________
earlier
stay and