Smith v. Experian Information Solutions, Inc.

Opinion

APPLICATION GRANTED SO ORDERED Alem BU. VERNON 8. BRODERICK UNITED STATES DISTRICT COURT U.S.DJ. 7/7/2023 SOUTHERN DISTRICT OF NEW YORK Case No. 1:22-cv-06960-VSB ANDREW FREDERICK SMITH, solving a motion to compel arbitration, courts apply a standard similar to that applicable for a motion for summary judgment.” Lev: , Credit Plus, Inc., No. 21-CV-5541 (KMK), 2023 WL 2644352, at *4 Plaintiff, (S.D.N.Y. Mar. 27, 2023) (citation and quotation marks omitted). Ur this standard, I must evaluate the allegations related to the question o: Vv. whether the parties formed a valid arbitration agreement to determine whether they raise a genuine issue of material fact. Schnabel v. Trile: EXPERIAN INFORMATION SOLUTIONS, Corp., 697 F.3d 110, 113 (2d Cir. 2012). Where there are no dispute INC., TRANS UNION, LLC; and VERIZON regarding the matter of arbitrability, “a court may rule on the basis of COMMUNICATIONS INC., legal issue and avoid the need for further court proceedings.” Wacho Bank, Nat'l Ass'n vy. VCG Special Opportunities Master Fund, Ltd., 6 F.3d) 164, 172 (2d Cir. 2011). As Defendants’ motion to compel arbit Defendants. is nat contested, I find that there are no genuinely disputed factual iss essential to the determination of the applicability of an arbitration provision. Jd. The motion to compel arbitration is GRANTED, and t Clerk of Court is respectfully requested to close the open motion at D 30. SOORDERED. EXPERIAN INFORMATION SOLUTIONS, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY THIS ACTION

JONES DAY WASHINGTON, D.C. 20001 TEL: (202) 879-3939 ATTORNEYS FOR DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC.

NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law in Support of the Motion to Compel Arbitration and Stay this Action, Defendant Experian Information Solutions, Inc., by and through its undersigned counsel, will and hereby does move this Court, before the Honorable Vernon S. Broderick, United States District Court for the Southern District

of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007, at such date and time as the Court shall designate, for an order, pursuant to the Federal Arbitration Act, compelling this matter to arbitration and staying this action until arbitration is completed. PLEASE TAKE FURTHER NOTICE that Local Civil Rule 6.1(b)(2) requires that any opposing affidavits and answering memoranda shall be served within fourteen (14) days after service of these moving papers. PLEASE TAKE FURTHER NOTICE that Experian Information Solutions, Inc.’s reply affidavits and memoranda of law shall be served and filed, in accordance with Local Civil Rule 6.1(b)(3), within seven (7) days after service of the answering papers.

Dated: April 3, 2023 JONES DAY

By: /s/ Alissa M. Fideli Alissa M. Fideli Admitted to practice in New York

Attorneys for Defendant EXPERIAN INFORMATION SOLUTIONS, INC.