Veinotte v. Milford DCH, Inc.

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Adam Veinotte
v. 	Case No. 20-cv-777-PB
Opinion No. 2021 DNH 168
Milford DCH, Inc. d/b/a
DCH Toyota of Milford
ORDER
Adam Veinotte has sued his former employer, Milford DCH,
Inc. 	He asserts claims for disability discrimination,
harassment, and retaliation in violation of the Americans with
Disabilities Act, retaliation in violation of the Family and
Medical Leave Act, and wrongful termination in violation of
state law. 	The parties subsequently agreed to stay the case
pending arbitration. 	DCH now moves to lift the stay for the
limited purpose of allowing third party discovery for use in the
arbitration.
I agree with the majority of circuit courts that have
addressed the question that an arbitrator lacks the power under
the Federal Arbitration Act (“FAA”) to compel prehearing
depositions and document discovery from third parties. 	See
Managed Care Advisory Group, LLC v. CIGNA Healthcare, Inc., 939
F.3d 1145, 1159 (11th Cir. 2019) (collecting cases). 	What DCH
is attempting to do here is to circumvent that limitation on the
arbitrator’s power by asking me to lift the stay in this case
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solely for the purpose of allowing discovery for use in the
arbitration. 	I decline to participate in that effort. 	This
case simply does not present the type of unusual circumstances
where a court may lift a stay that is otherwise required by
Section 3 of the FAA.
Motion (Doc. No. 13) denied.
SO ORDERED.
/s/ Paul J. Barbadoro
Paul J. Barbadoro
United States District Judge
October 25, 2021
cc: 	John P. Sherman, Esq.
Gregory S. Paonessa, Esq.
Eric G. J. Kaviar, Esq.
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