Imperial Jewelers & Trading Inc. v. UPS Capital Corporation

Nature of the Filing

The provided document is a joint letter application from Imperial Jewelers & Trading, Inc. (the plaintiff), UPS Capital Corporation, and FedEx Office and Print Services, Inc. (the defendants). It asks the court to refer the plaintiff’s claims to binding arbitration before the American Arbitration Association and to stay, or pause, the federal court proceedings while arbitration is completed.

Background and Parties’ Position

The letter says the action arose from Imperial Jewelers’ shipment of goods with Parcel Pro, described in the letter as a UPS Capital company, through FedEx. According to the parties, Imperial Jewelers agreed to Parcel Pro’s Terms and Conditions when arranging the shipment. The quoted terms contain an arbitration clause covering disputes arising from or related to those terms or Parcel Pro’s services. The terms also state that arbitration would be conducted by the American Arbitration Association under its Commercial Arbitration Rules and that the customer waived the right to have a court, other than a qualifying state court of limited jurisdiction, resolve covered disputes.

The letter states that the parties had discussed a planned motion to compel arbitration and that the court had set August 18, 2025, as the deadline for defendants to file that motion. Instead, the parties jointly asked the court to refer all claims to arbitration and stay the action. They proposed filing a joint status letter within seven days after arbitration ended.

Disposition

The provided text does not contain an order or other ruling by Judge Rakoff. It therefore does not state that the request was granted, denied, or otherwise resolved. The document records only the parties’ joint request.