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SUPREME COURT OF THE UNITED STATES
_________________
No. 22–1218
_________________
WENDY SMITH, et al., PETITIONERS
v. KEITH SPIZZIRRI, et al.
on writ of certiorari to the united states
court of appeals for the ninth circuit
[May 16, 2024]
Justice Sotomayor delivered the opinion of the
Court.
The Federal Arbitration Act (FAA) sets forth
procedures for enforcing arbitration agreements in federal court.
Section 3 of the FAA specifies that, when a dispute is subject to
arbitration, the court “shall on application of one of the parties
stay the trial of the action until [the] arbitration” has
concluded. 9 U. S. C. §3. The question here is whether §3
permits a court to dismiss the case instead of issuing a stay when
the dispute is subject to arbitration and a party requests a stay
pending arbitration. It does not.
I
Petitioners are current and former delivery
drivers for an on-demand delivery service operated by respondents.
They sued respondents in Arizona state court, alleging violations
of federal and state employment laws. Petitioners claimed that
respondents misclassified them as independent contractors, failed
to pay required minimum and overtime wages, and failed to provide
paid sick leave. After removing the case to federal court,
respondents moved to compel arbitration and dismiss the suit.
Petitioners conceded that all of their claims were arbitrable, but
they argued that §3 of the FAA required the District Court to stay
the action pending arbitration rather than dismissing it
entirely
.
The District Court issued an order compelling
arbitration and dismissing the case without prejudice. The court
noted that “the text of 9 U. S. C. §3 suggests that the
action should be stayed,” but that Circuit precedent “instructed
that ‘notwithstanding the language of §3, a district court may
either stay the action or dismiss it outright when, . . .
the court determines that all of the claims raised in the action
are subject to arbitration.’ ”
Forrest v.
Spizzirri, 2022 WL 2191931, *1 (D Ariz., June 17, 2022)
(quoting
Johnmohammadi v.
Bloomingdale’s, Inc., 755
F.3d 1072, 1074 (CA9 2014)). Because “all claims raised [were]
subject to arbitration,” the District Court concluded that it
“retain[ed] discretion to dismiss the action.” 2022 WL 2191931,
*1
.
The Ninth Circuit affirmed. While that court
likewise acknowledged that “the plain text of the FAA appears to
mandate a stay,” the court explained that it was bound by Circuit
precedent recognizing the District Court’s “discretion to dismiss.”
Forrest v.
Spizzirri, 62 F. 4th 1201, 1203, 1205
(2023). Judge Graber, joined by Judge Desai, concurred, asserting
that the Ninth Circuit’s position was wrong and urging this Court
“to take up this question, which it has sidestepped previously, and
on which the courts of appeals are divided.”
Id., at 1206
(citation omitted).
This Court granted certiorari to answer the
question it previously left open and resolve the Circuit
split.[
1] 601 U. S. ___
(2024).
II
In this statutory interpretation case, text,
structure, and purpose all point to the same conclusion: When a
federal court finds that a dispute is subject to arbitration, and a
party has requested a stay of the court proceeding pending
arbitration, the court does not have discretion to dismiss the suit
on the basis that all the claims are subject to
arbitration.[
2]
Section 3 of the FAA, entitled “Stay of
proceedings where issue therein referable to arbitration,” provides
that, when any issue in a suit is subject to arbitration, the
court
“shall on application of one of the
parties stay the trial of the action until such arbitration has
been had in accordance with the terms of the agreement, providing
the applicant for the stay is not in default in proceeding with
such arbitration.”
Here, as in other contexts, the use of the word
“shall” “creates an obligation impervious to judicial discretion.”
Lexecon Inc. v.
Milberg Weiss Bershad Hynes &
Lerach,
523 U.S.
26, 35 (1998). That plain statutory text requires a court to
stay the proceeding. See
Maine Community Health Options v.
United States, 590 U.S. 296, 310 (2020) (“ ‘Unlike the
word “may,” which implies discretion, the word “shall” usually
connotes a requirement’ ”). Indeed, this Court previously
noted that the use of “shall” in neighboring sections of the FAA
created a mandatory obligation that left “no place for the exercise
of discretion by a district court.”
Dean Witter Reynolds
Inc. v.
Byrd,
470 U.S.
213, 218 (1985) (discussing §§2–4 and explaining that the FAA
“mandates that district courts
shall direct the parties to
proceed to arbitration on issues as to which an arbitration
agreement has been signed”). The same is true here. When §3 says
that a court “shall . . . stay” the proceeding, the court
must do so.
Just as “shall” means “shall,” “stay” means
“stay.” Respondents insist that “stay” in §3 “means only that the
court must stop parallel in-court litigation, which a court may
achieve by dismissing without retaining jurisdiction.” Brief for
Respondents 15. There are, however, two significant problems with
that reading. First, it disregards the long-established legal
meaning of the word “stay.” Even at the time of the enactment of
the FAA, that term denoted the “temporary suspension” of legal
proceedings, not the conclusive termination of such proceedings.
Black’s Law Dictionary 1109 (2d ed. 1910) (“Stay of proceedings”).
Second, respondents’ attempt to read “stay” to include “dismiss”
cannot be squared with the surrounding statutory text. By directing
a court to stay the proceeding “until such arbitration has been had
in accordance with the terms of the agreement,” and only so long as
“the applicant . . . is not in default in proceeding with
the arbitration,” §3 ensures that the parties can return to federal
court if arbitration breaks down or fails to resolve the dispute.
That return ticket is not available if the court dismisses the suit
rather than staying it.[
3]
Respondents also suggest that, notwithstanding
the statutory language, district courts retain inherent authority
to dismiss proceedings subject to arbitration. This attempt to
evade the plain meaning of the text also falls short. Even assuming
district courts have this inherent authority, “the inherent powers
of the courts may be controlled or overridden by statute or rule.”
Degen v.
United States,
517 U.S.
820, 823 (1996). Section 3 does exactly that. It overrides any
discretion a district court might otherwise have had to dismiss a
suit when the parties have agreed to arbitration.
If there were any doubt, the FAA’s structure and
purpose confirm that a stay is required. When a court denies a
request for arbitration, §16 of the FAA authorizes an immediate
interlocutory appeal. See 9 U. S. C. §16(a)(1)(C). When a
court compels arbitration, by contrast, Congress made clear that,
absent certification of a controlling question of law by the
district court under 28 U. S. C. §1292(b), the order
compelling arbitration is not immediately appealable. See 9
U. S. C. §16(b). The choice to “provid[e] for immediate
interlocutory appeals of orders
denying—but not of orders
granting—motions to compel arbitration,”
Coinbase,
Inc. v.
Bielski, 599 U.S. 736, 740 (2023), is consistent
with Congress’s purpose in the FAA “to move the parties to an
arbitrable dispute out of court and into arbitration as quickly and
easily as possible,”
Moses H. Cone Memorial Hospital v.
Mercury Constr. Corp.,
460 U.S.
1, 22 (1983). If a district court dismisses a suit subject to
arbitration even when a party requests a stay, that dismissal
triggers the right to an immediate appeal where Congress sought to
forbid such an appeal.
Finally, staying rather than dismissing a suit
comports with the supervisory role that the FAA envisions for the
courts. The FAA provides mechanisms for courts with proper
jurisdiction to assist parties in arbitration by, for example,
appointing an arbitrator, see 9 U. S. C. §5; enforcing
subpoenas issued by arbitrators to compel testimony or produce
evidence, see §7; and facilitating recovery on an arbitral award,
see §9. Keeping the suit on the court’s docket makes good sense in
light of this potential ongoing role, and it avoids costs and
complications that might arise if a party were required to bring a
new suit and pay a new filing fee to invoke the FAA’s procedural
protections. District courts can, of course, adopt practices to
minimize any administrative burden caused by the stays that §3
requires.
* * *
When a district court finds that a lawsuit
involves an arbitrable dispute, and a party requests a stay pending
arbitration, §3 of the FAA compels the court to stay the
proceeding. The contrary judgment of the Court of Appeals is
reversed, and the case is remanded for further proceedings
consistent with this opinion.
It is so ordered
.
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