(E.D.N.Y. Dec. 10, 2018); see also Agarunova v. Stella Orton Home Care Agency, Inc., No. 16-CV-638, 2019 WL 1114897, at *3 (E.D.N.Y. Mar. 11, 2019) (quoting Lin, 2018 WL 6492741, at *4, and deciding to “await Second Circuit guidance on the [arbitration] issue” before issuing notice).
Moreover, at least one district court in a neighboring circuit has deferred such decision on jurisdictional grounds. See Redmond v. NPC Int'l, Inc., No. 13-1037, 2015 WL 3537428, at *2-4 (W.D. Tenn. June 4, 2015) (unpublished) (citing Levin and denying without prejudice motion to equitably toll FLSA statute of limitations during pendency of arbitrability appeal); see also Huffman v. Hilltop Cos., LLC, No. 1:13CV219, 2014 WL 695844, at *2 (S.D. Ohio Feb. 24, 2014) (unpublished) (“Plaintiffs can always seek equitable tolling from the Court, if and when such an issue becomes relevant.”); but see Agarunova v. Stella Orton Home Care Agency, Inc., No. 16CV638, 2019 WL 1114897, at *2-4 (E.D.N.Y. Mar. 11, 2019) (unpublished) (denying 12 without prejudice motion for conditional certification while tolling FLSA statute of limitations during pendency of related arbitrability appeal)