Les Telecommunications D'Haiti S.A.M. v. Cine
| Les Telecommunications D'Haiti S.A.M. |
| Franck Cine |
| 1:2013cv06462 |
| November 21, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Joan M. Azrack |
| Jack B. Weinstein |
| Contract: Other |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| None |
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Filing
100
MEMORANDUM, ORDER & JUDGMENT. Plaintiff's motion for an order permanently staying defendant's demand for arbitration is granted. The case is closed. Costs and disbursements to plaintiff. Ordered by Judge Jack B. Weinstein on 12/19/2014. (Barrett, C)
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Filing
71
MEMORANDUM AND ORDER: Defendant Franck Cine served plaintiff Les Telecommunications d'Haiti S.A.M. ("Teleco") with a Demand for Arbitration in August 2013. Teleco responded by filing suit against Cine, seeking a declaratory judgm ent that "Teleco has no obligation to arbitrate the claims set forth in [Cine's] Demand for Arbitration" and injunctive relief enjoining the arbitration proceeding. Compl. paras. 31-39, ECF No. 1 , Nov. 21, 2013. In lieu of an answe r, plaintiff filed a motion to compel arbitration. ECF No. 18 , Mar. 24, 2014. Defendant filed a response to plaintiff's motion and simultaneously moved "for an order permanently staying the demand for arbitration." ECF No. 19 , Ap r. 8, 2014. Within thirty days, defendant shall state in writing whether his motion to compel arbitration in the instant matter is also an application for an order to compel arbitration with respect to any underlying dispute identified in plaintiff 's complaint. By November 17, 2014, the parties shall submit to the court proposed in limine motions and supporting briefs. They shall exchange and file (1) lists of pre-marked exhibits proposed for use at trial, together with copies of all e xhibits, and stipulations regarding admissibility, (2) lists of potential witnesses together with brief summaries of proposed testimony, and (3) stipulations with respect to all undisputed facts. Argument on all in limine motions will be heard imm ediately before trial. The parties shall provide notice pursuant to Federal Rule of Civil Procedure 44.1 and other applicable provisions of the Rules regarding anticipated evidence and expert testimony germane to Haitian law. No jury has been dema nded. See 9 U.S.C. § 4. Motions for summary judgment or other pretrial relief, if any, shall be filed within sixty days. The matter is respectfully referred to the magistrate judge for expedited discovery. (Trial set for 11/24/2014 at 1 0:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. In Limine Motions Hearing set for 11/24/2014 immediately before trial in Courtroom 10B South before Judge Jack B. Weinstein.). Ordered by Judge Jack B. Weinstein on 6/11/2014. (Barrett, C)
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