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August 12, 2025 Writer’s Direct Contact +1 (212) 336-4257 [email protected]

Via ECF The Honorable Jed S. Rakoff United States District Court Southern District of New York Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, NY 10007-1312 Re: Imperial Jewelers & Trading Inc. v. UPS Capital Corporation, et al., 25-cv-05785; Joint Request to Refer Claims to Arbitration and Stay Proceedings Dear Judge Rakoff: We write on behalf of Imperial Jewelers & Trading, Inc. (“Plaintiff”), and UPS Capital Corporation (“UPS Capital”) and FedEx Office and Print Services, Inc. (“FedEx”) (together, “Defendants”) (collectively, the “Parties”), to jointly request a referral of Plaintiffs claims to binding arbitration before the American Arbitration Association (“AAA”) and to stay these proceedings pending completion of arbitration. Pursuant to Rule 2(b) of Your Honor’s Individual Rules of Practice, the Parties jointly called Chambers on August 11, 2025, seeking the relief requested herein, and were instructed by the Court to submit this letter application. As Defendants previewed in the proposed Case Management Plan submitted by the Parties on July 31, 2025 (ECF No. 10 § A), Plaintiff’s claims are subject to binding arbitration and cannot proceed in this Court. This action arises from Plaintiffs shipment of goods with Parcel Pro (a UPS Capital company) via FedEx. (See generally ECF No. 1-1.) In contracting with Parcel Pro to ship the package issue in this case, Plaintiff agreed to Parcel Pro’s Terms and Conditions (Ex. A, “Terms”). The Terms contain a binding arbitration clause, expressly providing that: [E]xcept for disputes that qualify for state courts of limited jurisdiction . . . any controversy or claim, whether at law or equity, arising out of or related to these T&Cs or the provision of services by Parcel Pro .. . shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.

HMORRISON =OERSTER The Hon. Jed S. Rakoff August 12, 2025 Page Two

(Terms § 7.) The Terms further provide that “arbitration shall be conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.” (/d. § 7(a).) In addition, Plaintiff acknowledged and agreed that it was: WAIVING THE RIGHT TO HAVE A COURT, OTHER THAN A STATE COURT OF LIMITED JURISDICTION AS DEFINED ABOVE, RESOLVE ANY DISPUTE ALLEGED AGAINST YOU, PARCEL PRO OR ANY PERSON OR ENTITY IN CONNECTION WITH THESE T&Cs, ANY POLICY AND/OR COVERAGE OF SHIPMENTS THEREUNDER; (Id. § 7(f)(b) (emphasis added).) As discussed at the Initial Conference held on July 31, 2025, Defendants intended to file a motion to compel arbitration. The Court set a briefing schedule for Defendants’ anticipated motion, ordering Defendants to file any such motion by August 18, 2025. (ECF No. 13.) ’ The Parties have since conferred and agree that Plaintiff's claims against Defendants are subject to the binding arbitration clause in the Terms. The Parties therefore request that the Court refer all of Plaintiffs claims in this action to binding arbitration before the AAA and stay this action pending final resolution of that proceeding. See Picha v. Gemini Tr. Co., LIC, No. 22 CIV. 10922 (NRB),

, at *14 (S.D.N.Y. Mar. 5, 2024) (“In the Second Circuit, when all claims have been referred to arbitration and a stay is requested, the court must grant the stay.”) (citing Katz v. Cellco P’ship,

(2d Cir. 2015)). ‘If the Court stays this action, the Parties propose submitting a joint status letter to the Court within seven days following the conclusion of the arbitration. The Parties are also prepared to submit a stipulation and proposed order upon the Court’s request.

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Respectfully submitted, MORRISON & FOERSTER LLP LAW OFFICES OF JONATHAN E. NEUMAN, ESQ. /s/ Jessica Kaufman /s/ Jonathan E. Neuman Jessica Kaufman Jonathan E. Neuman, Esq. Justin Young 176-25 Union Turnpike, Suite 230 250 West 55th Street Fresh Meadows, New York 11366 New York, New York 10019 Telephone: (347) 450-6710 Telephone: (212) 468-8000 [email protected] [email protected] Justin [email protected] Counsel for Plaintiff Counsel for Defendants Enclosures