Empire Asset Management Company v. Best

Opinion

: LIMO SHIN a ueteae ween i DA Uti □ □ UNITED STATES DISTRICT COURT | ELECTRONICALLY □□□□□ | SOUTHERN DISTRICT OF NEW YORK Doc # EMPIRE ASSET MANAGEMENT COMPANY, HOATE PILED: □□□□ | . a □□□□□□ I Petitioner, -against- 21 CIVIL 4542 (PAC) JUDGMENT JOSEPH BEST, Respondent. wenn nen nee nnn XK It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated June 28, 2021, Defendant’s motion is granted. Under Katz v. Cellco Partnership, 794 F.3d 341 (2d Cir. 2015), a district court must stay judicial proceedings pending arbitration "after all claims have been referred to arbitration and a stay [is] requested." Id. at 345. Here, however, neither party requests a stay of the judicial proceedings; instead, Empire requests only a stay of the underlying arbitration proceedings. Accordingly, because neither party has requested a stay of the federal action, Katz is inapplicable and this case is DISMISSED with prejudice; accordingly, this case is closed. Dated: New York, New York June 29, 202]

RUBY J. KRAJICK Clerk of Court BY: Deputy Ww)