Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1 :05-cv-00026-Gl\/IS Document 1 1 Filed 07/05/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
HARVEY P. J AMISON
Plaintif
Vs. Civil Action No. 05-26—GM
RENT-A-cENTER F | |_ E [)
Defendant
HARVEY JAMISON’S
MOTION NOT T0 DISMISS COMPLAINT TO ARBI ' · TI U smut
I, Harvey Jamison, motion that the court not submit this matter to arbitration with Rent-A-
center.
(l)The Defendant Rent-A-Center terminated my employment based on company policy
volations involving activities causing conflicts of interest and unfair competition with Rent-
A-Center as described in my filed lawsuit with the District Court.
The Arbitration Agreement clearly states in section titled "Claims Not Covered By The
Agreement: Also not covered are claims by the company for injunctive and! or other
equitable relief for unfair competition and/or the use and /or unauthorized disclosure of trade
secrets or confidential information, as to which either party may seek and obtain relief from a
court of competent jurisdiction". (submitted as exhibit em #2 by the defendant).
My complaint as stated in this lawsuit quotes the company’s policy which says "outside
employment that creates tmfair competition with Rent-A—center". I need to present my
documentation on this matter to the District Court which has jurisdiction over this subject
matter to clear my termination employment record for breaking company policy. I have had
to be honest and explain this to employers since my termination from Rent—A-Center that I
was temtinated for breaking company policy.

_ _ Case 1:05-cv-00026-Gl\/IS Document 11 Filed 07/05/2005 Page 2 of 4
I have not been offered ajob as an electronic technician since.
This sudden, without cause termination of employment has caused physical,
mental stress and financial hardship on my wife, myself and children. I have a
family of 7 to provide for and the District Court according to the Arbitration Agreement is
where I am entitled to seek and obtain relief from a court of competentjurisdiction.
Otherwise the arbitration will only cover claims that are covered by the Arbitration
Agreement.
(2)It is not in the best interest of either party to separate the claims in this lawsuit, whereby
having the unfair competition and conflicts of interest claim heard in the District Court and
the discrimination claims of race and disability heard by arbitration. However, I am prepared
to go forth with both proceedings if Rent-A—center continues to excuse themselves of
unlawful, misleading, and deceptive conduct of management and employees involved in the
termination of my employment.
I have filed an application to proceed without prepayment of fees and affidavit and have been
approved. I would like the court to assign me an attorney for tl1is case so that I may have
proper representation and in preparing for the court date of this case. _ P
Date: 6/29/05 Signature: g i -
ei i • n
4 Net B ve
Newark, Delaware 19711
(302) 455-9886

Case 1:05-cv-00026-Gl\/IS Document 11 Filed 07/05/2005 Page 3 of 4
Certificate of Service
I, Harvey Jamison, hereby certify that on 6/29/2005, I served copies of
Motion Not To Dismiss Complaint To Arbitration on the following parties
by way of U.S. mail:
Kelly A. Green
Richards, Layton & Finger
One Rodney Square
P.O. Box 551
Wilmington, Delaware 19899
(302)654-7700
Attorneys for Defendant
Date: 6/29/2005 signamm; .
Harv vyrrih on
4 Nethy i 've
Newark, De 19711
(302)455—9886

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