Opinion
21-cv-10657-VEC
03-17-2022
MARY HEINRICH, as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio; MARY HEINRICH, as Trustee for the Catherine Butler Muzio Living Trust; MARY HEINRICH, as Trustee for the Leonard Muzio Living Trust; and MARY HEINRICH, in her individual capacity, Plaintiffs, v. MALAYENE DEAN, CHARLES YASSFM a/k/a Charles Yassin, MORGAN STANLEY SMITH BARNEY, LLC, HORACE M. BARKER, CITIBANK N.A, and JOHN DOES 1-10, Defendants.
[PROPOSED] ORDER STAYING ACTION AGAINST DEFENDANT CITIBANK, N.A. PENDING ARBITRATION
HON. VALERIE E. CAPROM UNITED STATES DISTRICT JUDGE
Pursuant to the stipulation between Mary Heinrich, as Executor of the Estate of Catherine Butler a/k/a Catherine Butler Muzio a/k/a Catherine T. Butler Muzio, Mary Heinrich, as Trustee for the Catherine Butler Muzio Living Trust, Mary Heinrich, as Trustee for the Leonard Muzio Living Trust, and Mary Heinrich, in her individual capacity ("Plaintiffs") and Defendant Citibank, N. A. ("Citibank"), and good cause appearing, it is hereby ordered, adjudged and decreed that:
1. Plaintiffs shall submit the claims asserted in this action against Citibank to final and binding arbitration.
2. Plaintiffs' claims against Citibank in this action are hereby stayed pending the conclusion of the arbitration; and
3. This Court shall retain jurisdiction over this matter pending the conclusion of the arbitration
The parties must provide a status update every 3 months, with the first update- due by June 17, 2022. The parties must also notify the Court within two weeks after the termination of the arbitration.
Plaintiffs and Defendants Morgan Stanley Smith Barney, LLC and Horace M. Barker, who have also stipulated to a stay pending arbitration, see Dkt. 60, must likewise provide quarterly updates, with the first due by June 17, 2022, and must notify the Court within two week after the termination of the arbitration.
IT IS SO ORDERED.