Opinion
Civil Action 7:24-cv-00225
01-24-2024
KEN NETTLES, Plaintiff, v. BJ'S WHOLESALE CLUB, INC., Defendant.
MORGAN, BROWN & JOY, LLP Cassandra S. Fuller Attorneys for Defendant BJ's Wholesale Club, Inc. TO: Jason Tenebaum THE MUHLSTOCK FIRM, PLLC Attorneys for Plaintiff
MORGAN, BROWN & JOY, LLP
Cassandra S. Fuller
Attorneys for Defendant BJ's Wholesale Club, Inc.
TO: Jason Tenebaum
THE MUHLSTOCK FIRM, PLLC
Attorneys for Plaintiff
BJ'S WHOLESALE CLUB, INC.'S NOTICE OF MOTION TO DISMISS OR, IN THE ALTERNATIVE, STAY LITIGATION PENDING ARBITRATION
Motion is denied without prejudice for failure to follow the Court's Individual Practices.
So Ordered
PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law in Support of Defendant BJ's Wholesale Club, Inc. (“BJ's”) Motion to Dismiss or, in the Alternative, Stay Litigation Pending Arbitration and Affidavit of Eric Deutsch, dated January 18, 2024, BJ's will move this Court, before the Honorable Victoria Reznik, United States District Magistrate Judge, in the United States District Court for the Southern District of New York, at the Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas St., White Plains, New York 10601, on a date and time to be determined by the Court, for an Order dismissing the Complaint or, in the alternative, stay the litigation pending arbitration pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure and Section 3 of the Federal Arbitration Act, 9 U.S.C. § 3, and granting such further relief as the Court deems just and proper.
PLEASE TAKE NOTICE that answering papers, if any, should be filed and served on or before February 1, 2024, and reply papers should be filed and served on or before February 8, 2024.