- 1

- Supreme Court

No. 20 2 2

- 1 8

- Appeal

. No. 2022

- 70

- Appeal

. (PC 20

- 5579)

Arturo P. Batac :

v. :

Verizon. 1 :

O R D E R

The plaintiff, Arturo P. Batac (plaintiff or Mr. Batac), appeals pro se from a

Superior Court order granting the motion of the defendant

, Verizon ( defendant or

Verizon)

, to stay and compel arbitration. Separately, Mr. Batac appeals from a

Superior Court or der granting the defendant’s motion to strike Mr. Batac’s notice of

appeal of the Superior Court order granting the motion to compel arbitration. These

consolidated cases came before the Supreme Court on January 25, 2023, pursuant to

an order directing th e parties to appear and show cause why the issues raised in these

appeals should not be summarily decided. After considering the parties’ written and

oral submissions and reviewing the record, we conclude that cause has not been

shown and that we may deci de these appeals without further briefing or argument.

For the reasons set forth in this order, we vacate the order of the Superior Court

1 The plaintiff names “Verizon” as the defendant in his complaint. The defendant asserts that its proper name is “Verizon New England, Inc.”- 2

-

granting the defendant’s motion to strike the notice of appeal and affirm the order of

the Superior Court granting the defendant’s motion to stay and compel arbitration.

On August 5, 2020, Mr. Batac filed an action against defendant in Superior

Court seeking $25,000 in compensatory damages, punitive damages, and court costs.

His complaint alleged that defendant engaged in a fraudulent business scheme that

involved defendant hacking into his emails

. Mr. Batac further alleged that, if he

failed to pay his monthly bill, defendant would interrupt his services and that

defendant had done so on several prior occasions

. In response, defendant filed an answer including fourteen affirmative defenses

as well as a demand for a jury trial. Crucial to this matter, d efendant’s third

affirmative defense stated that the Superior Court must stay plaintiff’s action so that

the parties could resolve the issues through arbitration, as mandated by the agreed

terms of se rvice between the parties. Shortly after filing its answer , defendant filed

a motion to stay and compel arbitration that a justice of the Superior Court heard and

ultimately granted.

On November 17, 2020, Mr. Batac filed a notice of appeal. However, his

notice of appeal form failed to provide several details regarding the background of

this case

. No activity took place in this matter until, o ver one year later , defendant

filed a motion to strike plaintiff’s notice of appeal based on the defects contained

within the filing. After defendant filed its motion, Mr. Batac spoke with an- 3

-

individual in the Superior Court clerk’s office and submitted a corrected notice of

appeal. On January 12, 2022

, the case was certified to this Court and later docketed

on January 19, 2022. Nevertheless, almost one month later, a second justice of the

Superior Court heard and granted defendant’s motion to strike , and Mr. Batac timely

filed a second notice of appeal

.
Before this Court, Mr. Batac argues that the trial justice s erred in: (1) granting

defendant’s motion to strike his notice of appeal and (2) granting defendant’s motion

to stay and compel arbitration.

Article I, Rule 1 1(f) of the Supreme Court Rules of Appellate Procedure states

that “[f]rom the time of the docketing of an appeal in the Supreme Court, the Court

shall have exclusive jurisdiction to supervise the further course of such appeal and

enter such orders as may be appropriate * * * .” As such, the docketing of an appeal

divests the Superior Court of jurisdiction , even where motions are pending at the

time of docketing

. See Thompson v. Thompson , 973 A.2d 499, 513 (R.I. 2009) (“It

is well established that once an appeal has been docketed in this Court, the lower

court no longer has jurisdiction.”)

. The Superior Court therefore lacked jurisdiction

to act after the case was docketed in this Court on January 19, 2022, and we vacate

the second trial justice’s order granting defendant’s motion to strike.

Regarding defendant’s motion to stay and compel arb itration, this Court

conducts a de novo review to determine whether a dispute is arbitrable. West- 4

-

Warwick Housing Authority v. RI Council 94, AFSCME, A FL

- CIO , 277 A.3d 707,

712 (R.I. 2022)

. Because the duty to arbitrate arises from an agreement to do so

, parties must arbitrate only when they agree pursuant to clear and unequivocal

langu ag e. R hode Island Council on Postsecondary Education v. Hellenic Society

Paideia

– R hode Island Chapter , 202 A.3d 931, 934 (R.I. 2019) (quoting State

Department of Correctio ns v. Rhode Island Brotherhood of Correctional Officers

, 866 A.2d 1241, 1247 (R.I. 2005)). While this Court require s parties to arbitrate only

issues that they explicitly agree to arbitrate , we resolve all doubts regarding

arbitrability in favor of arbitration

. Id.

Here, the arbitration provision contained in the terms of service agreement is

abundantly clear. 2 Moreover, the terms of service specif y that an individual accepts

this agreement either (1) electronically during an online order, when installing the

software, or the equipment; (2) through the use of defendant’s services; or (3)

2 The arbitration provision states

, in pertinent part : “Y OU AND V ERIZON BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT

.

“ * * *

“ ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT

, PRODUCTS AND SERVICES YOU RECEIVE FROM US ( OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES ) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ( ‘ AAA ’ ).”- 5

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through an individual’s retention of defendant’s software o r equipment beyond thirty

days following delivery.

Mr. Batac does not deny that he used defendant’s services

, and he has

admitt ed that he subscribed to defendant’s services dating back to 2015. W e

conclude that the first trial justice did not err in finding that Mr. Batac accepted th e
arbitration agreement , or that the allegations contained in Mr. Batac’s complaint

arise out of and relate to his agreement with defendant and the services he received. 3

T herefore , we affirm the first trial justice’s order granting defendant’s motion to stay

and compel arbitration.

Accordingly, we vacate the order of the Superior Court granting the

defendant’s motion to strike the notice of appeal and affirm the order of the Superior

Court granting the defendant’s motion to stay and compel arbitration.

3 Mr. Batac lists a variety of arguments in support of his appeal. However, he has failed to meaningfully support these arguments with sufficient facts or legal arguments. Terzian v. Lombardi , 180 A.3d 555, 558 (R.I. 2018) (“[S]imply stating an issue for appellate re view, without a meaningful discussion thereof or legal briefing of the issues, does not assist the Court in focusing on the legal questions raised, and therefore constitutes a waiver of that issue.”) (quoting Horton v. Portsmouth Police Department , 22 A.3d 1115, 1130 (R.I. 2011)). A litigant’s failure to provide “ meaningful arguments, analysis, discussion, or citation to authority” constitutes a waiver. Id. (brackets omitted) (quoting Horton , 22 A.3d at 1130). While we acknowledge and understand plaintiff ’s self

- represented status, this Court is unfortunately unable to provide him with greater rights than those represented by counsel. Id. at 558

- 59 (quoting Jacksonbay Builders, Inc. v. Azarmi , 869 A.2d 580, 585 (R.I. 2005)).- 6

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Entered as an Order of this Court this ___ day of February, 2023.

By Order,

__________________ ______
Clerk 27th

/s/ Debra A. Saunders, ClerkSU

- CMS

- 02 B (revised November 2022 ) STATE OF RHODE ISLAND

SUPREME COURT

– CLERK’S OFFICE L icht Judicial Complex 250 Benefit Street Providence, RI 02903

ORDER COVER SHEET

Title of Case Arturo P. Batac v. Verizon

.

Case Number No. 2022

- 18

- Appeal. No. 2022

- 70

- Appeal. (PC 20

- 5579)

Date O rder Filed Febr uary 27, 2023

Justices Suttell, C.J ., Goldberg, Robinson, Lynch Prata, and Lon g , JJ.

Source of App eal Providence County Superior Court

Judicial Officer from Lower Court Associate Justice Joseph A. Mont albano

Attorney(s) on Appe al For Pla intiff:

A rturo P. Batac
, Pro se For Defendant:

Matthew S. Prunk, Esq.