ERIN KEENA, for herself and all others similarly situated, Plaintiff - Appellant,
GROUPON, INC., a Delaware Corporation, Defendant-Appellee.
Argued: January 24, 2018
from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen,
Senior District Judge. (3:15-cv-00520-GCM)
Chappell Flint, LAW OFFICES OF DANIEL C. FLINT, PC,
Southfield, Michigan, for Appellant.
Thomas Schutte, MORGAN LEWIS & BOCKIUS, LLP, Chicago,
Illinois, for Appellee.
Jonathan A. Berry, Washington, D.C., Gregory T. Fouts,
MORGAN, LEWIS & BOCKIUS LLP, Chicago, Illinois, for
GREGORY, Chief Judge, and KING and HARRIS, Circuit Judges.
Keena desires relief from a district court ruling in the
Western District of North Carolina that requires her to
arbitrate claims alleged in her complaint against Groupon,
Inc. After the court ordered the parties to arbitrate, Keena
moved to amend the arbitration order to include, inter alia,
a provision dismissing her complaint with prejudice. The
court acceded to that aspect of Keena's motion and
dismissed with prejudice. Keena has appealed from the
dismissal. As explained below, because the voluntary
dismissal of her complaint is not an appealable final
decision under 28 U.S.C. § 1291, we lack jurisdiction
and must dismiss Keena's appeal.
February 2015, plaintiff Keena purchased a voucher for
massage services from Groupon, a web-based entity that
partners with other businesses to provide discount products
and services to customers. In making her purchase, Keena
entered into a form agreement that required her to resolve
any disputes with Groupon through arbitration. When Keena was
unable to redeem her Groupon voucher, she sought
reimbursement and received an electronic certificate called
"Groupon Bucks." The certificate, however, could
only be used to purchase goods and services on Groupon's
a year later, Keena - individually and on behalf of a
putative class of similarly-situated plaintiffs - filed this
civil action against Groupon. The complaint alleged claims
against Groupon on the basis of its reimbursement policy.
Groupon responded by invoking the arbitration clause in its
agreement with Keena and moved to enforce that clause. The
district court agreed with Groupon and ordered the parties to
arbitrate. See Keena v. Groupon, Inc., 3:15-cv-00520
(W.D. N.C. June 21, 2016), ECF No. 32 (the "Arbitration
Order"). The court did not reach or ...