Armijos v. Cositas Ricas Ecuatorianas, Corp.

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------x FELIX MIGUEL ARMIJOS, MEMORANDUM AND ORDER Plaintiff, Case No. 19-cv-02893 (FB) -against-

COSITAS RICAS ECUATORIANAS CORP., TASTY CHAULAFAN CORP., CARLOS A. SEGARRA, AND JUAN CARLOS SEGARRA,

Defendants. -----------------------------------------------x

BLOCK, Senior District Judge: Plaintiff has moved for reconsideration of the Court’s June 29, 2020 order compelling arbitration in this matter. Reconsideration is improper unless a movant can point to “intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.” Virgin Atl. Airways, Ltd. v. Nat’l Mediation Bd., 956 F.2d 1245, 1255 (2d Cir. 1992). The Plaintiff has not pointed to a change in law, new evidence, clear error, or manifest injustice here, only the chicanery of the Defendants. That is not sufficient to satisfy the standard for reconsideration, and the motion is thus DENIED. Nonetheless, the Defendants are hereby ordered on pain of contempt to participate in arbitration proceedings in good faith. Should the Defendants continue to refuse to participate in arbitration, the Plaintiff is free to file a motion for contempt for failure to comply with this order. The Court is not inclined to tolerate further

obstruction and delay by the Defendants. SO ORDERED. _/S/ Frederic Block_____________ FREDERIC BLOCK Senior United States District Judge

Brooklyn, New York November 12, 2021