USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: Sanne KK DATE FILED:__ 9/8/2025 ROBERT FEEMAN, et al., : Plaintiffs, : : 25-cv-3806 (LJL) -v- : : ORDER BRIDGE IT, INC., : Defendant. : wee KX LEWIS J. LIMAN, United States District Judge: This case is scheduled for conference on September 16, 2025. Defendant has moved to dismiss or, in the alternative, to compel arbitration. Dkt. No. 32. However, it argues that the correct disposition, if the Court agrees with its arguments, is for the Court to dismiss the complaint under Rule 12(b)(6) with prejudice. /d. at 28. The Court intends to address the motion expeditiously and efficiently. To that end, the parties shall be prepared to address at the conference whether the Court need address the motion to compel arbitration or whether instead the Court should construe Defendant’s argument as a waiver of its right to arbitrate or to enforce the waiver of the class-action mechanism with the consequences that (1) 1f the Court grants the motion to dismiss, the Court will fully and finally resolve this case on the merits; and (2) if the Court denies the motion to dismiss, Defendant (and Plaintiffs) will be foreclosed from later arguing that the case should be decided in an arbitral forum. Cf Doyle v. UBS Fin. Servs., Inc.,

, 131 (2d Cir. 2025) (holding that where defendant moved to dismiss without mentioning possible availability of arbitration, defendant waived the right to compel arbitration).

SO ORDERED. 7 Dated: September 8, 2025 wet A a New York, New York LEWIS J. LIMAN United States District Judge