4847-3975-6105v.2 0043097-000015

Page 1 – DEFENDANT’S REPLY ISO MOTION TO DISMISS AMENDED COMPLAINT 

DAVIS WRIGHT TREMAINE LLP 

1300 S.W. Fifth Avenue, Suite 2400 

Portland, Oregon 97201-5610 

(503) 241-2300 main  (503) 778-5299 fax 

JENNA L. MOONEY, OSB #993249 

jennamooney@dwt.com 

KALIA WALKER, OSB #154434 

kaliawalker@dwt.com 

DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400 

Portland, Oregon 97201-5610 

Telephone: (503) 241-2300 

Facsimile: (503) 778-5299 

Attorneys for Defendant MBO Partners, Inc. 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

AT PORTLAND 

ANDREA OLSON, 

 Plaintiff, 

 v. 

MBO PARTNERS, INC., a Virginia 

Corporation; UNITED STATES OF 

AMERICA, by and through the Department of 

Justice, Department of Energy, and Bonneville 

Power Administration; and JAMES COX, 

United States Attorney’s Office, 

 Defendants. 

Case No. 3:15-cv-02216-HZ

DEFENDANT’S REPLY IN SUPPORT 

OF ITS MOTION TO DISMISS 

PLAINTIFF’S AMENDED 

COMPLAINT, OR IN THE 

ALTERNATIVE, TO STAY AND 

COMPEL ARBITRATION 

I. INTRODUCTION 

In response to Defendant MBO Partners, Inc.’s (“MBO Partners”) Motion to Dismiss 

Plaintiff’s Amended Complaint, or in the Alternative, to Stay and Compel Arbitration (“Motion 

to Dismiss the Amended Complaint”), Plaintiff Andrea Olson (“Olson”) reiterates several 

arguments in an attempt to avoid compliance with the General Service Agreement she signed 

Case 3:15-cv-02216-HZ Document 81 Filed 06/01/17 Page 1 of 5
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Page 2 – DEFENDANT’S REPLY ISO MOTION TO DISMISS AMENDED COMPLAINT 

DAVIS WRIGHT TREMAINE LLP 

1300 S.W. Fifth Avenue, Suite 2400 

Portland, Oregon 97201-5610 

(503) 241-2300 main  (503) 778-5299 fax 

with MBO Partners on January 10, 2012 (the “Agreement”). This Court, however, has already 

considered these arguments and rejected them in granting MBO Partners’ Motion to Dismiss 

Olson’s initial Complaint. Accordingly, MBO Partners asks this Court to again dismiss Olson’s 

claims against the company and require her to arbitrate her claims as set forth in the parties’ 

Agreement. 

II. ARGUMENT 

A. Olson Is Subject to an Enforceable Arbitration Provision. 

Olson’s Response to MBO Partners’ Motion to Dismiss the Amended Complaint raises a 

number of arguments that are virtually identical to those offered in her first Response to MBO 

Partners’ Motion to Dismiss Olson’s initial Complaint. Dkt. Nos. 27 and 28. The Agreement 

contains a provision that establishes arbitration as the exclusive method for resolving any 

disputes arising out of Olson’s relationship with MBO Partners (the “Arbitration Provision”). 

Olson again submits four arguments in support of her claim that the Agreement and Arbitration 

Provision are invalid: (1) the Agreement is unenforceable under ORS 36.620; (2) the Agreement 

is unconscionable; (3) MBO Partners obtained Olson’s signature on the Agreement under duress; 

and (4) MBO Partners misrepresented the terms of the Agreement to fraudulently induce Olson’s 

signature. Pl.’s Response in Opposition to Motion to Dismiss the Amended Complaint (“Pl.’s 

Resp.”) at 3-7. 

Olson’s arguments are misplaced and MBO Partners has already addressed why the 

parties’ Agreement is enforceable. See Dkt Nos. 35 and 59. More importantly, this Court has 

already considered these claims and rejected them. See Dkt. No. 48. (“Plaintiff contends that the 

arbitration provision is unenforceable because it violates Oregon law, the Agreement is 

unconscionable because it is an adhesion contract, Plaintiff was forced to sign the Agreement 

under duress, and the Agreement was the result of misrepresentation or fraudulent inducement. 

Each of Plaintiff's arguments fails.”) 

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Page 3 – DEFENDANT’S REPLY ISO MOTION TO DISMISS AMENDED COMPLAINT 

DAVIS WRIGHT TREMAINE LLP 

1300 S.W. Fifth Avenue, Suite 2400 

Portland, Oregon 97201-5610 

(503) 241-2300 main  (503) 778-5299 fax 

In short, Olson’s Response to the Motion to Dismiss the Amended Complaint does not 

allege any new facts that would alter this Court’s conclusion concerning the validity of the 

parties’ Agreement. Olson is subject to an enforceable Arbitration Provision and she must 

arbitrate her claims against MBO Partners. 

B. The Court Should Dismiss Plaintiff’s Claims Against MBO Partners. 

Olson’s Response also asks the Court to stay the case and compel arbitration, rather than 

granting dismissal. Pl.’s Resp. at 9. Dismissal, rather than a stay, however, is appropriate here 

because all of Olson’s claims against MBO Partners are subject to an enforceable arbitration 

agreement. See Sparling v. Hoffman Const. Co., 864 F.2d 635, 638 (9th Cir. 1988) (holding that 

a district court acted in its discretion when it dismissed all of plaintiff’s arbitrable claims); Alford 

v. Dean Witter Reynolds, 975 F.2d 1161, 1164 (5th Cir. 1992) (affirming district court decision 

to dismiss plaintiff’s claims that were subject to arbitration); White v. Turner, No. CV H-15-

1485, 2016 WL 1090107, at *3-4 (S.D. Tex. Mar. 21, 2016) (dismissing all claims against one of 

two defendants where all claims against one defendant were subject to arbitration). 

The parties’ Agreement contains an Arbitration Provision that clearly states they will 

arbitrate any controversy or claim: 

[A]rising out of or related to [the parties’] relationship or 

dealings, under this Agreement, under state, federal or local 

or other law, under common law, or otherwise.” 

Dkt. No. 18, Ex. 1, ¶ 10. 

In her Amended Complaint, Olson makes several allegations against MBO Partners, including 

disability discrimination and retaliation and Family and Medical Leave Act (“FMLA”) 

discrimination. All of these claims fall squarely within the scope of the Arbitration Provision. In 

light of the parties’ binding Agreement, the Court should dismiss Olson’s claims against MBO 

Partners. 

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Page 4 – DEFENDANT’S REPLY ISO MOTION TO DISMISS AMENDED COMPLAINT 

DAVIS WRIGHT TREMAINE LLP 

1300 S.W. Fifth Avenue, Suite 2400 

Portland, Oregon 97201-5610 

(503) 241-2300 main  (503) 778-5299 fax 

III. CONCLUSION 

For the foregoing reasons and the reasons stated in Defendant’s Motion to Dismiss the 

Amended Complaint, the Court should enforce the Arbitration Provision and dismiss Olson’s 

claims entirely or, in the alternative, compel Olson to arbitrate her claims as contractually 

agreed. 

DATED this 1st day of June, 2017. 

DAVIS WRIGHT TREMAINE LLP

By s/ Kalia Walker 

JENNA L. MOONEY, OSB #993249 

jennamooney@dwt.com

KALIA WALKER, OSB #154434 

kaliawalker@dwt.com 

Telephone: (503) 241-2300 

Facsimile: (503) 778-5299 

Attorneys for MBO Partners, Inc.

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4847-3975-6105v.2 0043097-000015

Page 1 – CERTIFICATE OF SERVICE 

DAVIS WRIGHT TREMAINE LLP 

1300 S.W. Fifth Avenue, Suite 2400 

Portland, Oregon 97201-5610 

(503) 241-2300 main  (503) 778-5299 fax 

CERTIFICATE OF SERVICE 

I hereby certify that I served a copy of the foregoing DEFENDANT’S REPLY IN 

SUPPORT OF ITS MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT OR 

IN THE ALTERNATIVE, TO STAY AND COMPEL ARBITRATION on: 

Andrea Olson 

3404 SW Comus Street 

Portland, OR 97219 

Email: andrea.olson8888@gmail.com 

 Plaintiff 

 by mailing a copy thereof in a sealed, first-class postage prepaid envelope, 

addressed to said attorney’s last-known address and deposited in the U.S. mail at Portland, 

Oregon on the date set forth below; 

 by causing a copy thereof to be hand-delivered to said attorney’s address as 

shown above on the date set forth below; 

 by faxing a copy thereof to said attorney at his/her last-known facsimile 

number on the date set forth below; or 

 by emailing a copy thereof to said attorney at his/her last-known email 

address as set forth above. 

DATED this 1st day of June, 2017. 

DAVIS WRIGHT TREMAINE LLP

By s/ Kalia Walker 

JENNA L. MOONEY, OSB #993249 

jennamooney@dwt.com

KALIA WALKER, OSB #154434 

kaliawalker@dwt.com Telephone: (503) 241-2300 

Facsimile: (503) 778-5299 

Attorneys for MBO Partners, Inc. 

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