Morse v. LeVine
- Gregory Woods
- 1:19-cv-06711
- U.S. District Court · Southern District of New York
- 2
Morse v. Levine: Judge Woods required arbitration, rejected dismissal, denied both fee requests, and closed the case.
Sidney Morse and Jay Venable may pursue arbitration; David A. Levine’s dismissal request was denied, and the case was closed after judgment was entered for the petitioners.
What happened
In Morse v. Levine, Sidney Morse and Jay Venable asked the court to require David A. Levine to resolve their dispute through arbitration rather than court litigation. Levine asked the court to dismiss the case.
A magistrate judge recommended granting the arbitration request, denying Levine’s request for dismissal, and denying the petitioners’ requests for arbitration-related fees and fees for this court proceeding. No party objected to that recommendation.
Judge Gregory H. Woods found no clear error, adopted the recommendation in full, granted the motion to require arbitration, denied the motion to dismiss, denied both fee motions, entered judgment for the petitioners, and closed the case.
The detailed version
- Morse v. LeVine · No. 1:19-cv-06711
- Gregory Woods
- Jan. 3, 2020
Background
Petitioners Sidney Morse and Jay Venable moved to compel arbitration. Respondent David A. Levine moved to dismiss. Petitioners also moved to require Levine to pay fees associated with the arbitration and sought fees connected with this federal-court proceeding.
Report and Recommendation
On December 19, 2019, Magistrate Judge Netburn recommended that the motion to compel arbitration be granted; the motion to dismiss be denied; the motion to require payment of arbitration fees be denied; and the motion for fees connected with the court proceeding be denied. Objections were due January 2, 2020, and the court received none.
Ruling
The court reviewed the Report and Recommendation for clear error and found none. Judge Gregory H. Woods accepted and adopted it in its entirety. The court granted Petitioners’ motion to compel arbitration, denied Respondent’s motion to dismiss, denied Petitioners’ motion to compel payment of arbitration fees, and denied Petitioners’ motion for fees connected with the proceeding. The Clerk of Court was directed to terminate the motions at Docket Nos. 16 and 19, enter judgment for Petitioners, and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.