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COX v. OCEAN VIEW HOTEL CORP.

No. 06-15903.

533 F.3d 1114 (2008)

Thomas R. COX, Plaintiff-Appellee, v. OCEAN VIEW HOTEL CORPORATION, doing business as Radisson; John Does 1 TO 50; Jane Does 1 TO 50; Doe Partnerships 1-50; Doe Corporations 1-50; Doe Entities 1-50, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2008.

Attorney(s) appearing for the Case

Richard M. Rand, Torkildson, Katz, Fonseca, Moore & Hetherington, Honolulu, HI, for the defendants-appellants.

Stephen T. Hioki, Honolulu, HI, for the plaintiff-appellee.

Opinion by Judge TASHIMA; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN.

TASHIMA, Circuit Judge:

Ocean View Hotel Corporation ("Ocean View") and Thomas Cox executed an employment agreement containing a mandatory arbitration clause. When a dispute arose during the course of employment, Cox wrote a letter to Ocean View requesting arbitration, but Ocean View responded by telling Cox that it did not consider his claim ripe for arbitration. Following termination of his employment, Cox filed a complaint...

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