Kargo Global, Inc. v. Angelette

District Court, S.D. New York

Kargo Global, Inc. v. Angelette

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KARGO GLOBAL, INC., Petitioner, 20 Civ. 7535 (KPF) -V.- SARAH ANGELETTE, ORDER Respondent. KATHERINE POLK FAILLA, District Judge: For the reasons articulated on the record at the November 18, 2020 hearing, Petitioner’s petition to compel arbitration is GRANTED IN PART and DENIED IN PART. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. ! SO ORDERED. Dated: November 18, 2020 Kittens fai. ful New York, New York KATHERINE POLK FAILLA United States District Judge

1 “[W]hen all the claims in an action have been referred to arbitration and a stay [is] requested” the FAA “mandate[s] a stay of proceedings.” Katz v. Celico P’ship,

794 F.3d 341, 343, 347

(2d Cir. 2015). However, here, the Court declined to refer all claims to arbitration. Nor has any party has requested a stay of this case. Because the Court has resolved the petition to compel arbitration, which petition is the only action before this Court, there is no longer a live controversy before the Court to stay. See Wells Fargo Advisors, L.L.C. v. Tucker, No. 15 Civ. 7722 (VEC),

2016 WL 6208566

, at *2-3 (S.D.N.Y. Oct. 21, 2016).

Reference

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