EverCare Choice Inc. v. PKF O'Connor Davies, LLP
- Philip Halpern
- 7:20-cv-02733
- U.S. District Court · Southern District of New York
- 1
In EverCare Choice v. PKF O'Connor Davies, Judge Halpern granted arbitration, stayed the action, and administratively closed it pending mediation and arbitration.
EverCare Choice Inc. and the defendants are affected: the dispute was sent to mediation and arbitration, and the federal action was stayed and administratively closed.
What happened
EverCare Choice Inc. sued PKF O’Connor Davies, LLP and other defendants in federal court. The opinion does not describe the underlying claims or the parties’ arguments in detail.
The defendants asked the court to require arbitration. The court held a telephone status conference and heard oral argument, but the written order does not include the reasons discussed on the record.
Judge Halpern granted the motion to compel arbitration, stayed the action pending mediation and arbitration, canceled scheduled conferences and deadlines, and directed the Clerk to administratively close the case. Either party may seek to reopen it by letter motion within 30 days after the arbitration ends.
The detailed version
- EverCare Choice Inc. v. PKF O'Connor Davies, LLP · No. 7:20-cv-02733
- Philip Halpern
- Jan. 5, 2021
Background
EverCare Choice Inc. brought this action against PKF O’Connor Davies, LLP; O’Connor Davies, LLP, O’Connor Davies Munns & Dobbins, LLP; individuals Thomas P. Kennedy, Christopher J. McCarthy, Michael J. Suarez, Garrett M. Higgins, and Dorothea Russo; and John Does 1–10. The opinion does not state the underlying claims or provide the parties’ substantive arguments.
Motion and proceedings
Counsel for all parties appeared by telephone for a status conference, and the court held oral argument on the record. The defendants moved to compel arbitration under docket number 24. The written order refers to reasons stated on the record and law cited there, but it does not reproduce those reasons.
Ruling and effect
Judge Philip M. Halpern granted the defendants’ motion to compel arbitration. The court stayed the action pending mediation and arbitration, canceled all currently scheduled conferences and deadlines, directed the Clerk to terminate the pending motion, and administratively closed the case. The order states that either party may move by letter motion to reopen the case within 30 days after the arbitration proceedings conclude. The administrative closure did not resolve the underlying claims in the written order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.