AMERICAN ARBITRATION ASSOCIATION In the Matter of the Arbitration between

48 Pages·2015·1.39 MB·English

AMERICAN ARBITRATION ASSOCIATION
In the Matter of the Arbitration between:
Case Number: 01-15-0002-5499
Romain Dallemand
-vs-
Bibb County Board of Education and Bibb County
School District
CASE MANAGER: Charles A Dorsey
DATE LIST SUBMITTED: March 18, 2015
DATE LIST DUE: April 2, 2015
LIST FOR SELECTION OF ARBITRATOR
************************************************************************************************
During our initial conference call on February 27, 2015 the parties informed the Association that you are in agreement
to use three arbitrators. In accordance with the Rules we are providing you a list of arbitrators who are members of our
Employment Dispute Resolution Roster. Along with this list are the attached Biographical Information Sheets on each
arbitrator listed. We encourage parties to review the following list of arbitrators and if possible, agree to three arbitrators from
this list.
Should parties not be able to agree to three arbitrators please review and independently submit the attached list to me by
April 2, 2015. In accordance with the Rules:
• Strike any names that you have an objection on
• Number the remaining names in order of preference
• Return list to AAA upon completion
Should you not return your list by the above date all names will be deemed acceptable.
Note: If appointment cannot be made from this list the AAA may appoint without the submission of an additional list,
in accordance with the rules. For your convenience, this form may be completed online through AAA’s WebFile at
www.adr.org.
Beverly P. Baker
David M. Benck
Bruce Bennett, CPA
Jack Clarke, Esq.
Alisa P. Cleek, Esq.
Kathryn (Katie) Durham, Esq.
Joyce F. Glucksman, Esq.
Hunter R. Hughes, Esq.
Frank S. James III, Esq.
Daniel M. Klein, Esq.
Hon. Mollie Wagner Neal
Penn Payne, Esq.
Anne S. Rampacek, Esq.
E. Michael Ruberti, Esq.
Daniel J. Thompson
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Arbitrators are compensated at the rate stated on their biographical data. The compensation is an independent obligation of the
parties and it is understood that the American Arbitration Association has no liability, direct or indirect, for such payments.
Deposits shall be made promptly with the AAA as required by the case manager, pursuant to the Rules, subject to final
appointment by the arbitrator in the award. If you have any questions please call or email me.
Party:_____________________________________
By: _______________________________________
Title: ______________________________________
Arbitration Information Sheet
This document provides information about your upcoming arbitration and the expectations concerning each party’s conduct
throughout the process. Please save this information sheet so that you may refer to it throughout the arbitration.
Administrative Conference
The AAA may conduct an Administrative Conference with the parties to discuss issues that will assist the Association in
administering the case as efficiently as possible. This is also a good time for the parties to discuss ways to conduct the
arbitration to meet their specific needs. Please be prepared to discuss the following:
a. estimates on the expected duration of the case;
b. method of appointment of arbitrators, if applicable;
c. your views on the qualifications of the arbitrators to be proposed;
d. the possibility of submitting this dispute to mediation;
e. the handling of extension requests;
f. means of communication between the AAA and the parties.
Exchange of Correspondence and Documents
It is also important to note that the parties must exchange copies of all correspondence during the course of the arbitration.
The two exceptions are the Checklist for Conflicts mentioned above and the party’s arbitrator ranking list, which you will
receive further information on during the course of the arbitrator appointment process. The parties only need to send copies of
documents, such as discovery, to the AAA if the document is to be transmitted to the arbitrator for a determination.
Communications with Arbitrator
It is very important that parties do not engage in any ex-parte communications with the arbitrator. So as to minimize the
potential of such communications, this case will be administered by facilitating the exchange of appropriate written
documents through the AAA. To ensure the proper handling of all case-related documents, the parties are asked not to submit
correspondence directly to the arbitrator. Correspondence should be submitted to your case manager for transmittal to the
arbitrator, copying the other party.
Timeliness of Filings
Please pay particular attention to response dates included on any correspondence I send you. Untimely filings or responses
will not be considered by the Association. Therefore, if you need an extension to any deadline, please contact the other party
to reach an agreement. In the event you are unable to agree, the AAA or the arbitrator will determine if an extension will be
granted.
Locale of the Arbitration
The parties may agree to a locale for the arbitration. This agreement can be made in the parties’ agreement or contract, or
when the arbitration is submitted to the AAA. The AAA will place the arbitration within the agreed upon locale.
If the parties’ contract or agreement does not specify a locale and the parties cannot agree on a locale, the AAA’s Rules
empower the AAA to determine the locale, subject to the power of the arbitrator, after his or her appointment, to make a final
determination. In these circumstances, the claimant will generally request that the hearing be held in a specific locale. If the
respondent fails to file an objection to the locale requested by the claimant within 15 calendar days after the notice of the
request has been sent to it by the AAA, the AAA will confirm the locale requested by the claimant is agreeable.
When a locale objection is filed, each party is requested to submit written statements regarding its reasons for preferring a
specific locale. In preparing their written statements, the parties are asked by the administrator to address the following issues:
1. Location of parties & attorneys.
2. Location of witness and documents.
3. Location of records.
4. If construction, location of site, place or materials and the necessity of an on-site inspection.
5. Consideration of relative difficulty in traveling and cost to the parties.
6. Place of performance of contract.
7. Place of previous court actions.
8. Location of most appropriate panel.
9. Any other reasonable arguments that might affect the locale determination.
AAA WebFile
We invite the parties to visit our website to learn more about how to file and manage your cases online. As part of our
administrative service, AAA's WebFile allows parties to perform a variety of case related activities, including:
File additional claims
Complete the Checklist for Conflicts form
View invoices and submit payment
Share and manage documents
Strike and rank listed neutrals
Review case status or hearing dates and times
AAA WebFile provides flexibility because it allows you to work online as your schedule permits - day or night. Cases
originally filed in the traditional offline manner can also be viewed and managed online. If the case does not show up when
you log in, you may request access to the case through WebFile. Your request will be processed within 24 hours, after review
by your case manager.
Refund Schedule
For disputes arising out of employer-promulgated plans, filing fees are nonrefundable.
For disputes arising out of an individually-negotiated employment agreements and contracts, the Association has a refund
schedule in the administrative fee section of the Rules. After 60 days of the Association’s receipt of the Demand or the
appointment of the arbitrator the filing fees are non-refundable. The Association will only refund filing fees as outlined in the
Rules and does not refund neutral costs incurred when parties settle their dispute or withdraw their claims. Final Fees are fully
refundable if the parties provide at least 24 hours’ notice prior to the hearing.
Anne S. Rampacek, Esq.
Current Employer-Title Self-employed
Profession Attorney - Financial Services, Labor/Employment/Civil Rights, Commercial
Work History Partner/Partners Committee Member/Associate, Alston & Bird (formerly Alston,
Miller & Gaines), 1994-01, 1977-84; General Counsel, Primerica Financial
Services, Inc., and affiliates, 1993-96.
Experience More than 20 years' experience as a civil trial lawyer specializing in a variety of
employment disputes involving discrimination, harassment, benefits, employment
contracts, employment status as employee or independent contractor, and
arbitrability of disputes, ranging in value from $50,000 to $50 million, representing
private and public employers and being adverse to both private litigants (in
individual actions and class actions) and public litigants (including pattern and
practice actions). Three years' experience acting as general counsel of a large
financial services organization, with extensive involvement in all types of
litigation; disputes with federal and state regulators; self-evaluations; government
audits and investigations; reorganization of compliance and legal operations; and
commercial contracts, product development, and strategic planning.
Alternative Dispute Active practice from 1985 to present drafting arbitration agreements, successfully
Resolution Experience enforcing arbitration agreements, and representing parties in arbitration
proceedings and mediation efforts. Served as special magistrate in a race
discrimination case involving an employee of the State of Georgia in 1986. Served
as AAA neutral in numerous employment and commercial cases.
Alternative Dispute AAA The Use and Abuse of External Law in Grievance Arbitration 2014; AAA
Resolution Training Webinar, Does AT&T Mobility v. Concepcion L.L.C. Spell an End to Class
Actions?, 2013; AAA Maximizing Efficiency & Economy in Arbitration:
Challenges at the Preliminary Hearing, 2012; AAA Managing the Arbitration
Process for Efficiency & Economy Following the Preliminary Hearing, 2012; AAA
Dealing With Delay Tactics in Arbitration (ACE004), 2008; AAA Chairing an
Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006;
Arbitrator Update 2004; AAA Arbitration Awards: Safeguarding, Deciding &
Writing Awards (ACE001), 2004; AAA Commercial Arbitrator II Training, 2002;
AAA Commercial Arbitrator Training, 1999; AAA Employment Arbitrator
Training, 1998; AAA Large Complex Case Panel Training, 1993.
Professional Licenses Admitted to the Bar: Georgia, 1977; U.S. District Court, Northern District of
Georgia, 1977; U.S. Court of Appeals: Fifth (1978) and Eleventh (1983) Circuits.
Admitted pro hac vice in several other federal courts.
Professional American Bar Association (Litigation Section; Section on Labor and Employment
Associations Law, Committee on Equal Employment Opportunity): Atlanta Bar Association;
Anne S. Rampacek, Esq.
Neutral ID : 115270
The AAA provides arbitrators to parties on cases administered by the AAA under its various Rules, which delegate authority to the AAA on various issues, including
arbitrator appointment and challenges, general oversight, and billing. Arbitrations that proceed without AAA administration are not considered "AAA arbitrations," even if
the parties were to select an arbitrator who is on the AAA's Roster.
State Bar of Georgia.
Education Manhattanville College (B.Music-1967); New York University (MA-1969);
University of Georgia (JD-1977).
Publications and Author of publications on procedural issues, including jurisdiction and sanctions,
Speaking Engagements and labor and employment law issues.
Citizenship United States of America
Languages English
Locale Oakwood, Georgia, United States of America
Compensation
Hearing: $400.00/Hr
Study: $400.00/Hr
Travel: $400.00/Hr
Cancellation: $0.00/Hr
Cancellation Period: 0 Days
Comment: Hourly rate is charged for
communications with the parties
and AAA, reviewing files,
correspondence and briefs,
research, travel time to and from
hearings, conferring with other
arbitrators, attending hearings,
and drafting awards.
Anne S. Rampacek, Esq.
Neutral ID : 115270
The AAA provides arbitrators to parties on cases administered by the AAA under its various Rules, which delegate authority to the AAA on various issues, including
arbitrator appointment and challenges, general oversight, and billing. Arbitrations that proceed without AAA administration are not considered "AAA arbitrations," even if
the parties were to select an arbitrator who is on the AAA's Roster.
Jack Clarke, Esq.
Jack Clarke
Current Employer-Title Self-employed - Full-time Neutral
Profession Arbitrator, Mediator, Attorney with practice limited to providing services as an
ADR neutral.
Work History Arbitrator and Mediator, Self-employed, 1981-present; Stockholder, Henley and
Clarke, P.C, 1976-81; Associate Professor of Law, University of Alabama Law
School, 1971-76; Director, Rural Law Institute, University of Alabama Law
School, 1973-1976; Officer, U.S. Navy, 1961-1969 - served on two diesel-electric
submarines.
Experience Engaged full-time in nonjudicial dispute resolution including arbitration, mediation
and fact finding. As a full time neutral, 80% arbitration and 20% mediation.
Experience as a neutral, practicing attorney and law professor includes
administrative law, banking, college test score, construction, contracts,
corporations and stockholder agreements, employment (including EEO issues),
estates, wills and trusts, farm law (including forward crop contracts and crop
insurance), homeowner warranty, insurance (including fire, casualty,
uninsured/underinsured motorist, health & life), labor grievances and interest
disputes, pensions, real estate contract, real property and torts (including fraud and
personal injury). Member of the panel of arbitrators established to hear individuals'
employment discrimination claims arising under Cremin et al v. Merrill Lynch,
Pierce, Fenner & Smith, Incorporated, Case No. 96 C 3773, USDC Northern
District of Illinois.
Awards included Alabama State Bar, Outstanding Service, 2001; AAA's Whitney
North Seymour, Sr. Arbitration Medal (1988); AAA Presidential Commendation
(1985); Alabama Super Lawyer (Dispute Resolution) 2008, 2009 & 2010; Order of
the Coif; and Phi Kappa Phi.
Alternative Dispute Arbitrator and mediator since 1974, full time since 1981 - arbitrated 1,000+ cases
Resolution Experience and mediated 500+ cases.
Arbitrated or mediated contract and Federal and state statutory and commom law
claims: including blasting; breach of contract including real estate contract; college
test score; consumer claims including credit card and financing; construction;
employment including ERISA, FLSA, ADA, discrimination on the bases of age,
gender, race and religion and pensions; fraud; insurance including health and crop
insuance claims; homeowner warranty; labor grievance and interest disputes;
personal injury; mobile home disputes including warranty; withdrawal liability and
other claims.
Member of the panel of arbitrators established to hear individuals' employment
discrimination claims arising under Cremin et al v. Merrill Lynch, Pierce, Fenner &
Smith, Incorporated, Case No. 96 C 3773, USDC Northern District of Illinois.
Jack Clarke, Esq.
Neutral ID : 12943
The AAA provides arbitrators to parties on cases administered by the AAA under its various Rules, which delegate authority to the AAA on various issues, including
arbitrator appointment and challenges, general oversight, and billing. Arbitrations that proceed without AAA administration are not considered "AAA arbitrations," even if
the parties were to select an arbitrator who is on the AAA's Roster.
Alternative Dispute AAA/ICDR Neutrals Conference, 2010; NAA Annual Meeting, 2007; AAA
Resolution Training Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics
(ACE005), 2006; AAA Arbitrator Ethics & Disclosure (ACE003), 2005; AAA
Labor Arbitrator II Training: Advanced Case Management Issues, 2004; AAA
Employment Arbitrator II Training: Advanced Case Management Issues, 2002;
AAA Arbitrator Update 2001; AAA Mediator Conference, 2000; AAA
Commercial Arbitrator Training, 1998; Straus Institute for Dispute Resolution,
Pepperdine University School of Law, ADR seminar, 1997; Key Bridge
Foundation, U.S. Department of Justice, Mediation Training program, 1997; Center
for Dispute Resolution, Mediator Training; various other ADR trainings.
Professional Licenses Admitted to the Bar: New Mexico (inactive), 1971; Alabama, 1974.
Professional Alabama Academy of Attorney Mediators; Alabama State Bar (Alternative Dispute
Associations Resolution Section, Council Member; Past Chair, Past Chair Subcommittees on
Ethics and Immunity and Mediator Standards; Labor and Employment Section);
American Bar Association (ADR Section - Committee on Ethics and Labor Law
Section; Labor and Employment Section - Committee on ADR in Labor and
Employment Law); American College of Civil Trial Mediators (Fellow); College
of Labor and Employment Lawyers (Fellow); Labor and Employment Relations
Association; Mediation Research & Education Project (Vice President); National
Academy of Arbitrators (Southeastern Region, Past Chair; Past Board of
Governors; Past Vice President; Local Arrangements Committee, Past Chair;
Program Committee, Past Chair); New Mexico Bar Association.
Education University of New Mexico (BS-1961; JD-1971).
Publications and To What Extent Do and Should the Seven Tests Guide Arbitrators or the Parties? in
Speaking Engagements Arbitration 2002, Proceedings of the 55th Annual Meeting, National Academy of
Arbitrators, eds. Grenig & Briggs (BNA) 51-58; ; What Arbitrators Need from the
Parties, A Few Comments on Advocacy in Arbitration in Proceedings of The
National Academy of Arbitrators, (Bureau of National Affairs, 1997) p. 258 et seq.;
Judicial Review of Arbitration Awards in Alabama, I ADRtoday 6 (November
1993), Some Practical Aspects of Arbitration, I ADRtoday 6, (October 1993); The
Enforceability of Arbitration Agreements, I ADRtoday 6 (September 1993);
Alternative Dispute Resolution: An Introduction, 52 Alabama Lawyer 126 (May
1991); Substantial Evidence and Labor Arbitration In The Federal Sector, 31 Labor
Law J. 368 (June, 1980); Open Meeting Laws: An Analysis, Freedom of
Information Center Report No. 338 (June, 1975).
Guest faculty member, Air Force Human Resource Management School (formerly
Civilian Personnel School), Maxwell AFB, Montgomery, Alabama ? served as
observer of trainee mediators; guest lecturer on mediation, USAF JAG School,
Maxwell AFB, Montgomery, Alabama (1998); faculty member, Mediation
Research & Education Program, Grievance Mediation Workshop, 2002, 2004,
2005 and 2007.
Awards and Honors Alabama State Bar, Outstanding Service, 2001; AAA's Whitney North Seymour,
Sr. Arbitration Medal (1988); AAA Presidential Commendation (1985); Order of
Jack Clarke, Esq.
Neutral ID : 12943
The AAA provides arbitrators to parties on cases administered by the AAA under its various Rules, which delegate authority to the AAA on various issues, including
arbitrator appointment and challenges, general oversight, and billing. Arbitrations that proceed without AAA administration are not considered "AAA arbitrations," even if
the parties were to select an arbitrator who is on the AAA's Roster.
the Coif; Alabama Super Lawyer (Dispute Resolution) 2008, 2009 & 2010.
Citizenship United States of America
Languages English
Locale Hull, Georgia, United States of America
Compensation
Hearing: $2200.00/Day
Study: $275.00/Hr
Travel: $275.00/Hr
Cancellation: $2200.00/Day
Cancellation Period: 28 Days
Comment: $275 per hour for pre-hearing and
post-hearing study time and inter-
city travel time.
A day is 8 hrs. A minimum of 1
day will be charged for a hearing.
Cancel. fee: Per-diem times
number of days scheduled w/in 4
calendar weeks prior.
Reimbursement for use of
personal vehicle will be at then
current IRS rate; other
transportation, meals & lodging at
cost.
Jack Clarke, Esq.
Neutral ID : 12943
The AAA provides arbitrators to parties on cases administered by the AAA under its various Rules, which delegate authority to the AAA on various issues, including
arbitrator appointment and challenges, general oversight, and billing. Arbitrations that proceed without AAA administration are not considered "AAA arbitrations," even if
the parties were to select an arbitrator who is on the AAA's Roster.
Daniel M. Klein, Esq.
Klein Dispute Resolution
Current Employer-Title Buckley & Klein, LLP - Partner
Profession Attorney
Work History Partner, Buckley & Klein, LLP, 2002-present; Of Counsel, Greene, Buckley, Jones
and McQueen, 1996-01; Partner, Klein and Walden, P.C., 1992-96; Partner, Klein
and Strongwater, 1986-92; Attorney, Private Practice, 1982-86; Attorney,
Kilpatrick and Cody, 1980-82; Law Clerk to Honorable Richard C. Freeman, U.S.
District Court for North District of Georgia, 1978-80.
Experience More than 20 years' experience in litigation, with emphasis on employment cases,
including race, sex, age, disability, religion, and national origin discrimination;
sexual harassment; Employees Retirement Income Security Act; breach of
employment contracts; and non-compete agreements.
Alternative Dispute Mediated over 300 cases, including Americans with Disabilities Act, business
Resolution Experience dissolutions, civil rights, commercial and contract disputes, employment
discrimination (race, gender, age, religion, and national origin), Employees
Retirement Income Security Act, Family and Medical Leave Act, personal injury,
products liability, sexual harassment, voting rights, wage and hour laws, and
wrongful death. Arbitrated claims involving Americans with Disabilities Act,
business dissolutions, civil rights, commercial and contract disputes, employment
discrimination (race, gender, age, religion, and national origin), Employees
Retirement Income Security Act, Family and Medical Leave Act, sexual
harassment, voting rights, and wage and hour laws.
Alternative Dispute AAA Conducting Research & Investigations, 2014; AAA The Extent (or Limit) of
Resolution Training Mediator Influence, 2013; AAA Advanced Mediator Training Series: The Extent
(or Limit) of Mediator Influence to Effect Settlement, 2012; AAA, What We Have
Here is a Failure to Communicate, 2012; AAA Webinar, Understanding and
Addressing Bias in the Workplace, 2009; AAA Arbitration Awards: Safeguarding,
Deciding & Writing Awards (ACE001), 2006; AAA Arbitrator Ethics and
Disclosure (ACE003), 2004; AAA Commercial Arbitrator II Training, 2003; AAA
Arbitrator Update 2001; AAA Commercial Arbitrator Training, 1999; AAA
Employment Arbitrator Training, 1998; Harvard Law School, Negotiation
Workshop, 1998; Harvard Law School, Advanced Mediation Workshop, 1997;
AAA Mediation Training.
Professional Licenses Admitted to the Bar: Georgia, 1979; U.S. District Court, Northern District of
Georgia, 1980; U.S. Court of Appeals, Eleventh Circuit, 1980; U.S. Supreme
Court, 1996.
Professional American Bar Association (Law Practice Management Sectioin; Litigation Section;
Daniel M. Klein, Esq.
Neutral ID : 124767
The AAA provides arbitrators to parties on cases administered by the AAA under its various Rules, which delegate authority to the AAA on various issues, including
arbitrator appointment and challenges, general oversight, and billing. Arbitrations that proceed without AAA administration are not considered "AAA arbitrations," even if
the parties were to select an arbitrator who is on the AAA's Roster.