Moore v. FQSR, LLC d/b/a KBP Foods

• Court: District Court, S.D. New York
• Decided: August 26, 2024
• Docket: 1:24-cv-05835
• Status: Unknown

Opinion

M VET v6 at Lz Lek ARR DT LPL ETL RJIN FLL □□ Ey ttorneys at Law 4 }, □ □□ / BROWN 521 Fifth Avenue, 17th Floor SO ORDERED AJ Se KWON & New York, NY 10175 VERNON 8. BRODERICK Tel.: (212) 295-5828 US.DJ. LAM LLP Email: info@bkllawyers.com The parties are directed to file a joint a letter noting the status of the arbitratior Writer’s Direct: Clara Lam, Esq. proceedings on November 25, 2024, ar clam@bkllawyers.com every 90 days thereafter. The Clerk of Court is respectfully directed to stay th Via ECF case: Hon. Vernon S. Broderick, U.S.D.J. United States District Court Dated: August 26, 2024 Southern District of New York 40 Foley Square New York, NY 10007 RE: Moore v. FOSR, LLC d/b/a KBP Foods Case No. 1:24-cv-5835(VSB)(KHP) Dear Judge Broderick, Weare counsel for Plaintiff in the above-captioned matter. We write, jointly with approval from counsel for Defendants, in response to Defendants’ Motion to Compel Arbitration and to Stay this Action (Dkt Nos. 7-9), to request a stay in the proceedings pending arbitration. Where requested, courts in the Second Circuit have typically ordered a stay in the proceedings pending arbitration. “As the Second Circuit has observed, a stay permits the parties to move their dispute ‘out of court and into arbitration as quickly and easily as possible.’” Zambrano v. Strategic Delivery Solutions, LLC, 2016 U.S. Dist. LEXIS 130533, at *33 (S.D.N.Y. Sept. 22, 2016), quoting Katz v. Cellco P’ship, 794 F.3d 341, 347 (2d Cir. 2015). Further, that “[a] stay would also allow the Court, at a later stage, to address any claim by Plaintiffs that they were not able to vindicate all their statutory rights due to costs or fees imposed on them in arbitration.” citing In re Currency Conversion Fee Antitrust Litig., 265 F. Supp. 2d 385, 413 (S.D.N.Y. 2003). Additionally, the U.S. Supreme Court recently held in Smith v. Spizzirri, 601 U.S. 472, 478 (2024), that “[w]hen a district court finds that a lawsuit involves an arbitrable dispute, and a party requests a stay pending arbitration, § 3 of the FAA compels the court to stay the proceedings.” Therefore, we respectfully request that Your Honor stay all proceedings in this matter, including the Court’s referral of the herein matter to S.D.N.Y. Mediation, pending completion of arbitration. We thank the Court for its time and consideration. Respectfully submitted, /s/ Clara Lam ce: all parties via ECF