MARCUS RIOJAS

Developed strong organizational and communication skills in fast-paced office environment, seeking to transition into new field. Delivered effective support in administrative tasks and managed multiple responsibilities seamlessly. Looking to leverage these transferable skills to contribute effectively in new role.

• I recognize that differences may arise between the Company (as defined below) and me prior to, during, or following my employment or independent contractor relationship (as applicable) with the Company and that those differences may or may not be related to my employment or independent contractor services (as applicable). I understand and agree that by entering into this Mutual Arbitration Agreement (“Agreement”), I anticipate gaining the benefits of a speedy, impartial dispute-resolution procedure.
• The “Company” includes Stevens Transport, Inc. and its parent and subsidiary and affiliated companies (including without limitation Stevens Transport TL, Inc.; Stevens Transport CD, Inc.; Paragon Leasing, L.P.; B2B Transport, LLC; Alliance Leasing, LP; and Stevens Driving Academy of Texas, L.P.), their benefit plans and their sponsors, each of their fiduciaries, administrators, and affiliates, and all successors and assigns of any of them.
• I agree that it is in the interest of both me and the Company to resolve disputes quickly. In this regard, I understand the Company encourages me to meet with my immediate manager, supervisor, or Company contact (as applicable) to discuss any problems.
• Claims Covered by the Agreement
• 1. The Company and I mutually consent to the resolution by binding arbitration of all claims or controversies (“claims”) under federal, state, or local law, whether or not arising out of my employment or independent contractor relationship (or the termination of either), that the Company may have against me or that I may have against the Company and/or its past, present, or future officers, directors, employees, agents, contractors, or any other party named along with the Company as a co-respondent or co-defendant, except as expressly provided below. The claims covered by this Agreement include without limitation, claims for and/or related to:
• Working conditions;
• Wages or other compensation due;
• Reimbursements;
• Meal or rest breaks;
• Breach of any contract or covenant (express or implied) including any training agreement;
• Any tort;
• Negligence or gross negligence including without limitation those arising out of job-related injuries;
• Discrimination (including without limitation race, sex, religion, national origin, age, marital status, medical condition, handicap, or disability) or retaliation;
• Disability and other benefits (except where an employee benefit or pension plan (i) has its own claims procedure, or (ii) is underwritten by a commercial insurer that utilizes its own claims determination procedure);
• The Family Medical Leave Act;
• The Fair Credit Reporting Act; and
• Violation of any federal, state, local, common, or other law, statute, regulation, constitution, or ordinance, except claims specifically excluded herein.
• Claims Not Covered by the Agreement
• 2. Claims I may have for unemployment compensation benefits are not covered by this Agreement. Also not covered are claims by either party for only injunctive and/or other equitable relief; claims constituting sexual harassment or sexual assault disputes as defined by the Federal Arbitration Act (“FAA”); and claims for which this Agreement would be invalid as a matter of federal law, or applicable state or local law that is not preempted by federal law. Nothing herein shall limit my right to file a charge or complaint with a federal, state, or local administrative agency or department, such as charges of discrimination filed with the Equal Employment Opportunity Commission or unfair labor practice charges and other claims filed with the National Labor Relations Board arising under the National Labor Relations Act, or my obligation to exhaust administrative remedies with such an agency.
• 3. To the maximum extent permitted by law, the Company and I mutually agree and stipulate that
• (a) if I bring a sexual harassment or sexual assault dispute (as defined in the FAA), all claims other than a sexual harassment or sexual assault claim shall be presented in (or if not presented in, severed into) a separate proceeding from the sexual harassment or sexual assault claims;
• (b) those claims that do not relate to a sexual harassment or sexual assault dispute and are subject to arbitration under this Agreement shall be governed by and proceed with individual arbitration under this Agreement, it being the express intent of the parties to allow for individual arbitration of claims to the maximum extent possible; and
• (c) if a party brings claims subject to arbitration under this Agreement and claims that are not subject to arbitration, the latter shall be stayed until the former are fully arbitrated.
• Class Action Waiver
• 4. To the maximum extent permitted by law
• (a) the arbitrator is prohibited from consolidating the claims of others into one proceeding or fashioning a proceeding as a class, collective, joint, or group action or as a representative action involving claims of or legal violations suffered by one or more other claimants (collectively, “Class Action”) or awarding relief to, on behalf of, or based on the claims of or legal violations suffered by multiple claimants or individuals in one proceeding;
• (b) the parties waive any right to proceed in a Class Action; and
• (c) the arbitrator is prohibited from joining any claims based on alleged legal violations suffered by other individuals or awarding relief to, on behalf of, or based on the claims of or legal violations suffered by other individuals under the California Private Attorneys General Act or any similar statute in any state, provided that
• (i) any dispute concerning the scope or validity of this Class Action Waiver section shall be decided by a court of competent jurisdiction and not the arbitrator; and
• (ii) should a court determine any of the provisions in this Class Action Waiver section is invalid for any claims for any reason, the parties waive any right to arbitration of a Class Action for or joinder of those claims (although any portion of the Class Action waiver or prohibition on joinder that is enforceable shall be enforced in arbitration) and instead agree and stipulate that such claims will be heard only by a judge, and not an arbitrator or jury, after the parties arbitrate any claims subject to individual arbitration under this Agreement.
• All other questions of interpretation, applicability, or enforcement of this Agreement shall be determined by the arbitrator.
• Direct Negotiation and Mediation
• 5. Prior to filing any claim for arbitration pursuant to this Agreement, the Company and I agree to first meet face-to-face in a good-faith attempt to resolve the dispute through direct negotiation. The parties may have their respective counsel or other representatives present during such a meeting. If any dispute covered by this Agreement cannot be resolved through direct negotiation, and before resorting to arbitration, the parties agree to attempt to settle the dispute by mediation administered and conducted through Judicial Workplace Arbitrations, Inc. (“JWA”). The parties may agree to substitute a different mediator or mediation service, but in the event the parties are not able to reach such agreement then the mediation will be administered and conducted by JWA. In the event JWA is unable to administer or conduct the mediation, then JAMS shall do so. In the event JAMS is unable to administer or conduct the mediation, then the American Arbitration Association (“AAA”) shall do so. The Company shall pay all fees for the mediator and mediation service, and each party will be responsible for its own attorneys’ fees, if any, subject to any subsequent award by the arbitrator, if any.
• Required Notice of All Claims and Statutes of Limitations
• 6. I understand and agree that I must give written notice of any claim to the Company in accordance with the statute of limitations applicable to the claim I make. The written notice to the Company shall be sent by certified or registered mail, return receipt requested, to the Company’s home office at 9757 Military Parkway, Dallas, Texas 75227, Attn. Legal Department. The written notice should identify and describe the nature of all claims asserted, the facts upon which the claims are based, and the remedy requested.
• Representation
• 7. Any party to arbitration under this Agreement may be represented by an attorney.
• Discovery, Subpoenas, and Designation of Witnesses and Exhibits
• 8. Unless otherwise authorized by the arbitrator upon a showing of reasonable need, each party shall have the right to (a) take the deposition of up to five individuals/representatives, plus the deposition of any expert witnesses designated by another party and qualified as such in accordance with federal law, and (b) serve on the other party up to 25 interrogatories, 25 requests for production, and 25 requests for admission, including all discrete subparts for each. All other discovery shall be conducted in accordance with the Federal Rules of Civil Procedure, except as modified herein.
• 9. Each party shall have the right to subpoena witnesses and documents for the arbitration, as well as documents relevant to the case from third parties. At least thirty (30) days before the arbitration hearing, the parties must exchange lists of witnesses, including any experts, and copies of all exhibits intended to be used at the arbitration.
• Offer of Judgment
• 10. I understand and agree that either party to the arbitration proceeding may make an offer of judgment in a manner consistent with, and within the time limitations, consequences, and effects provided by Federal Rule of Civil Procedure 68. The offer shall be served on the offeree in the same manner in which other papers are served in the arbitration proceeding. The offer shall not be served on the arbitrator, except that if the offer is accepted, either party may then file with the arbitrator the offer and notice of acceptance. The arbitrator shall then immediately render an award as provided by the offer, and the arbitration proceeding shall then be terminated. If the offer is not accepted, the offer shall not be used as evidence in the arbitration proceedings, and following the issuance of the arbitrator’s decision, the offeror may file a motion for costs and/or fees with the arbitrator, who shall retain jurisdiction to decide the motion and award costs and/or fees to the offeror as warranted under Rule 68.
• Arbitration Procedures and Waiver of the Right to Trial Before a Judge or Jury
• 11. Arbitration is less formal than a lawsuit in court. In arbitration, a neutral arbitrator, instead of a judge or jury, considers and decides the claims and defenses asserted. Arbitration allows for more limited discovery than in court and is subject to limited appeals.
• 12. The Company and I agree that, except as provided in this Agreement, all claims covered by this Agreement shall be brought only in individual arbitration, and I hereby waive any right to have a judge or jury consider such claims. The arbitration will be held under the auspices of JWA and will be conducted under the AAA’s then-existing rules for the resolution of employment disputes, excluding any class arbitration rules or procedures, which are available at www.adr.org. In the event that JWA is unable to administer the arbitration, JAMS shall administer the arbitration under its then-existing rules for the resolution of employment disputes, excluding any class arbitration rules or procedures, which are available at www.jamsadr.com. Should JAMS be unable to administer the arbitration, then the AAA shall administer the arbitration under its then-existing rules for the resolution of employment disputes, excluding any class arbitration rules or procedures. The use of rules for the resolution of employment disputes shall have no effect on my status as an independent contractor, if applicable. Copies of all such rules are available from the Company upon request. However, nothing in the applicable arbitration rules or procedures and/or any modification thereto now or in the future shall affect the enforceability and validity of the Class Action Waiver, including without limitation the provision that the enforceability of the Class Action Waiver may be determined only by a court and not by an arbitrator. If the arbitration provider’s rules are inconsistent with this Agreement, this Agreement shall govern.
• 13. If the demand for arbitration contains an employment law claim, the arbitrator appointed shall have practiced employment law for at least three (3) years or presided over at least five (5) arbitration hearings in which an employment law claim was asserted. If the demand for arbitration does not contain an employment law claim, the arbitrator appointed must have been licensed to practice law for at least ten (10) years.
• 14. The arbitration hearing shall take place in Dallas, Texas or at any other location mutually agreed upon by the Company and me or required by applicable law. The arbitrator shall apply the substantive law of the law of the state in which the claim arose or federal law, as applicable to the claim(s) asserted. The arbitrator shall not have the authority to hear disputes not recognized by existing law and shall dismiss such claims upon motion by either party in accordance with the summary judgment standards of the Federal Rules of Civil Procedure. Similarly, the arbitrator shall not have the authority to order any remedy that a court would not be authorized to order. The arbitrator’s authority and jurisdiction are limited to determining the claims in dispute consistent with controlling law and this Agreement. Except as otherwise provided in this Agreement, the arbitrator may grant any remedy or relief that would have been available to the parties had the matter been heard in court. Judgment upon the arbitrator’s award may be entered in any court of competent jurisdiction.
• 15. The arbitration shall be final and binding upon the parties, except as provided by the Federal Arbitration Act or the state law pertaining to arbitration, whichever law applies as provided for below. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including without limitation any claim that all or any part of this Agreement is void or voidable. However, as stated in the “Class Action Waiver” section above, the preceding sentence shall not apply to the Class Action Waiver.
• 16. Either party at its own expense may arrange for and pay the cost of a court reporter to provide a stenographic record of the arbitration proceedings. Either party, upon request at the close of the arbitration hearing, shall be allowed to file a post-hearing brief. The time for filing such a brief shall be set by the arbitrator. The arbitrator shall render a written determination and opinion within thirty (30) days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are received, whichever is later.
• 17. If 20 or more individuals seek to initiate arbitrations with the Company raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated or the claims are otherwise coordinated (“Mass Claims”), these additional procedures shall apply. Claims are similar for purposes of this paragraph if they arise out of similar factual scenarios and raise similar legal issues. I understand and agree that if I chooses to initiate my claim as part of Mass Claims, the adjudication of my claim may be delayed. Counsel for the individuals initiating Mass Claims and counsel for the Company shall each select up to five arbitration proceedings (per side) to be filed in and proceed in arbitration in bellwether proceedings to be resolved individually, with each arbitration proceeding assigned to a different arbitrator. In the meantime, no other arbitration proceeding of Mass Claims may be filed or deemed filed in arbitration, neither the arbitration administrator (if any) nor any arbitrator is authorized to accept or administer arbitrations commenced in violation of these procedures, and no arbitration costs or fees shall be due other than for those arbitration proceedings selected by the parties to proceed as bellwether proceedings. If the parties are unable to resolve the remaining Mass Claims after the conclusion of the above bellwether proceedings, each side may select up to five additional arbitration proceedings (per side) to be filed in and proceed in arbitration in a second set of bellwether proceedings to be resolved individually, with each arbitration proceeding assigned to a different arbitrator. This process shall continue consistent with this staged process of administering and moving forward a maximum of ten individual arbitration proceedings at a time until the parties are able to resolve all of the Mass Claims, either through settlement or individual arbitration. If these additional procedures apply to my claim, any applicable statute of limitations shall be tolled from the date I provide written notice to the Company that I am asserting a legal claim against the Company that is a Mass Claim. Any party shall be authorized to designate and rely on written discovery responses or deposition testimony from one such proceeding in other such proceedings in lieu of responding to substantially similar discovery requests in substantially similar proceedings. A court shall have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing, prosecution, or administration of arbitration proceedings.
• 18. Both the Company and I agree that neither of us shall initiate or prosecute any lawsuit for a claim covered by this Agreement, and doing so is a material breach of this Agreement.
• Arbitration Costs and Attorney Fees
• 19. The Company shall pay the fees and costs of the arbitrator, the arbitration service, and the arbitration hearing. Each party shall pay its own costs (including, but not limited to, costs associated with discovery) and attorneys’ fees, if any. The arbitrator shall have the authority to award attorneys’ fees and/or costs, in whole or in part, as part of the remedy if the applicable law so provides.
• Governing Law and Sole Venue
• 20. The parties expressly agree that this Agreement is governed by and shall be construed in accordance with only Sections 2-16 and 401-402 of the FAA, 9 U.S.C. § 2-16 and 401-402, and neither state law nor any other section of the FAA shall apply; provided, however, that if for any reason the FAA is held to not apply or allow arbitration of a given claim, then this Agreement shall be governed by and construed in accordance with the Texas Arbitration Act (“TAA”), without regards to conflict of law principles. Because it is the express and contractually agreed upon intent of the parties to maximize the availability of arbitration and the enforcement of this Agreement, if for any reason arbitration is unavailable under both the FAA and the TAA, then this Agreement shall be governed by the arbitration law of whichever state in which I have performed services for the Company that allows the most opportunity for individual arbitration and the enforceability of this Agreement.
• 21. Furthermore, the parties expressly agree that any court action challenging the interpretation, applicability, enforceability, or formation of this Agreement (including the Class Action Waiver) must be filed in only a state or federal court in Dallas, Texas. Subject to the delegation of issues to the arbitrator as provided above, the parties expressly consent to the jurisdiction of such courts; waive any jurisdictional or venue objections to such court, including without limitation any contention that such courts are inconvenient or less convenient than any other court; stipulate that any court action filed elsewhere must be transferred to a state or federal court in Dallas, Texas; and waive any right to have a court outside of Dallas, Texas determine the interpretation, applicability, enforceability, or formation of this Agreement (including the Class Action Waiver).
• 22. I hereby expressly agree and stipulate that the Company is headquartered in Dallas, Texas; I regularly receive work assignments, training, and supervision from the Company in Dallas, Texas without which I could not perform my services to the Company; and it is my intent and desire to permit only a state or federal court in Dallas, Texas to consider any court action challenging the interpretation, applicability, enforceability, or formation of this Agreement (including the Class Action Waiver).
• Requirements for Modification or Revocation
• 23. This Agreement shall survive the termination of my employment or independent contractor relationship, as applicable. It can be revoked or modified only by a writing signed by the parties that specifically states an intent to revoke or modify this Agreement.
• Sole and Entire Agreement
• 24. This is the complete agreement of the parties on the subject of arbitration of disputes and supersedes any prior or contemporaneous oral or written understandings on the subject, except that if there is another written arbitration agreement between the parties it shall survive this Agreement. No party is relying on any representations, oral or written, on the effect, enforceability, or meaning of this Agreement, except as specifically set forth herein.
• Construction
• 25. Except as provided in the clause entitled “Class Action Waiver” above, if any provision of this Agreement is adjudged to be void or voidable or otherwise unenforceable, in whole or in part, such provision shall be severed from this Agreement, and the adjudication shall not affect the validity of the remainder of the Agreement.
• Voluntary Agreement
• 26. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT, I UNDERSTAND ITS TERMS, AND I HAVE ENTERED INTO THE AGREEMENT VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT ITSELF. I UNDERSTAND THAT BY ENTERING THIS AGREEMENT, THE COMPANY AND I ARE GIVING UP OUR RIGHTS TO A JURY TRIAL AND AGREE TO ARBITRATE ALL CLAIMS COVERED BY THIS AGREEMENT. I UNDERSTAND THAT THIS AGREEMENT IN NO WAY CHANGES ANY STATUS AS AN EMPLOYEE-AT-WILL, IF APPLICABLE.
• 27. I FURTHER ACKNOWLEDGE THAT I HAVE BEEN GIVEN AMPLE OPPORTUNITY TO REVIEW AND DISCUSS THIS AGREEMENT WITH MY PRIVATE LEGAL COUNSEL AND HAVE AVAILED MYSELF OF THAT OPPORTUNITY TO THE EXTENT I WISH TO DO SO. BY SIGNING THIS AGREEMENT, I ATTEST I HAVE HAD AT LEAST 48 HOURS TO REVIEW THE AGREEMENT AND AT THE TIME OF SIGNING HAVE NO QUESTIONS CONCERNING SAME.
• SIGNATURE OF DRIVER DATE
• PRINTED NAME OF DRIVER DRIVER CODE
• SIGNATURE OF COMPANY REPRESENTATIVE DATE
• PRINTED NAME OF COMPANY REPRESENTATIVE
• CONFIRMATION OF ACCEPTANCE REGARDING GOVERNING LAW, FORUM VENUE, JURISDICTION, CLASS ACTION WAIVER, AND WAIVER OF RIGHT TO JURY TRIAL
• Choice of Law. The Mutual Arbitration Agreement (“Agreement”) is governed by and construed in accordance with only Sections 2-16 of the Federal Arbitration Act (“FAA”); provided, however, that if for any reason the FAA is held to not apply or allow for arbitration of a given claim, then the Agreement is governed by and construed in accordance with the Texas Arbitration Act (“TAA”) without regard to conflict of law principles. If for any reason arbitration is not available under the FAA or the TAA, then the Agreement will be governed by the arbitration law of whichever state in which I have performed services for the Company (as defined in the Agreement) that allows the greatest opportunity for individual arbitration and the enforceability of the Agreement. I expressly confirm my acceptance of these provisions.
• Forum, Venue, and Jurisdiction. Any court action challenging the interpretation, applicability, enforceability, or formation of the Agreement, regardless of whether such court action is permitted by the Agreement, must be filed in only a state or federal court located in Dallas, TX. I expressly confirm:
• My consent to the jurisdiction of such courts;
• My waiver of any jurisdictional or venue objections to such court, including without limitation any contention that such courts are inconvenient or less convenient than any other court;
• My stipulation that any court action filed elsewhere must be transferred to a state or federal court in Dallas, TX; and
• My waiver of any right to have a court outside of Dallas, TX determine the interpretation, applicability, enforceability, or formation of the Agreement.
• INSTRUCTION: THE AGREEMENT CONTAINS IMPORTANT INFORMATION CONCERNING WHERE, WHEN, AND HOW DISPUTES WITH THE COMPANY AND OTHERS WILL BE RESOLVED. THE AGREEMENT CONTAINS A CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT AFFECT YOU. READ THE AGREEMENT IN ITS ENTIRETY. ASK QUESTIONS ABOUT IT. TAKE IT HOME IF YOU WANT. SEND THE AGREEMENT TO ANYONE YOU WANT TO ASK QUESTIONS ABOUT IT, INCLUDING AN ATTORNEY.
• TEXAS, TEXAS, TEXAS. BOTH THE AGREEMENT AND THIS CONFIRMATION ARE MADE IN DALLAS, TX. I AM SIGNING BOTH THE AGREEMENT AND THIS CONFIRMATION WHILE PHYSICALLY PRESENT AT STEVENS TRANSPORT, INC.’S FACILITY IN DALLAS, TX, AND I DO SO VOLUNTARILY, KNOWINGLY, INTENTIONALLY, AND IRREVOCABLY, WITH A FULL UNDERSTANDING THAT THEY AFFECT MY RIGHTS.
• STUDENT, EMPLOYEE, OR INDEPENDENT CONTRACTOR:
• Printed Name Date
• Signature Driver Code (if applicable)