Clearfield v. HCL America Inc. et al
| Johanna Clearfield |
| HCL America Inc. and Kevin McGee |
| 1:2017cv01933 |
| March 16, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M. Furman |
| Employment |
| 42 U.S.C. ยง 12101 |
| Plaintiff |
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Filing
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MEMORANDUM OPINION AND ORDER re: 14 MOTION to Compel Arbitration and Stay This Action, filed by HCL America Inc. For the foregoing reasons, HCL's motion to compel arbitration is GRANTED. Additionally, in light of the fact th at all claims are subject to arbitration, and HCL requests a stay, this action is stayed pending resolution of the arbitration. See Katz, 794 F.3d at 345-47; see also Salim Oleochemicals v. M/V Shropshire, 278 F.3d 90, 9293 (2d Cir. 2002) (noting that district courts should be mindful of the fact that a dismissal is appealable whereas a granting of a stay is not and that "unnecessary delay of the arbital process through appellate review is disfavored" (internal quotation marks an d brackets omitted)). That said, the Court sees no reason to keep the case open pending arbitration. Accordingly, the Clerk of Court is directed to terminate Docket No. 14 and to administratively close the case, without prejudice to either party moving by letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. (Signed by Judge Jesse M. Furman on 6/14/2017) (ras)
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