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Empire Asset Management Co. v. Best

United States District Court, Southern District of New York
Jun 29, 2021
21 CIVIL 4542 (PAC) (S.D.N.Y. Jun. 29, 2021)

Opinion

21 CIVIL 4542 (PAC)

06-29-2021

EMPIRE ASSET MANAGEMENT COMPANY, Petitioner, v. JOSEPH BEST, Respondent.


JUDGMENT

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.


Summaries of

Empire Asset Management Co. v. Best

United States District Court, Southern District of New York
Jun 29, 2021
21 CIVIL 4542 (PAC) (S.D.N.Y. Jun. 29, 2021)
Case details for

Empire Asset Management Co. v. Best

Case Details

Full title:EMPIRE ASSET MANAGEMENT COMPANY, Petitioner, v. JOSEPH BEST, Respondent.

Court:United States District Court, Southern District of New York

Date published: Jun 29, 2021

Citations

21 CIVIL 4542 (PAC) (S.D.N.Y. Jun. 29, 2021)