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S.D.N.Y.Procedural orderFiled Dec. 14, 2021

Melendez v. Cosan Construction Corp.

Judge
Barbara Moses
Docket
1:21-cv-07426
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil Procedure
In one sentence

In Melendez v. Cosan Construction Corp., Judge Caproni granted the motion to compel arbitration and stayed the case pending arbitration.

Who this affects

Hector Melendez, the other proposed class members, and the defendants are affected: the action is stayed while arbitration proceeds, and the parties must provide status reports and notify the court when arbitration ends.

What happened

In Melendez v. Cosan Construction Corp., the defendants asked the court to dismiss the case and require arbitration. At a conference, Hector Melendez asked the court to pause the case and said he did not oppose arbitration.

The court granted the motion to compel arbitration and stayed the action until the arbitration ends. The opinion does not decide the underlying claims.

Judge Valerie Caproni also ordered the parties to notify the court within one week after arbitration ends and to submit joint status reports every six months while it continues.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Melendez v. Cosan Construction Corp. · No. 1:21-cv-07426
Judge
Barbara Moses
Date
Dec. 14, 2021

Background

Defendants filed a motion seeking dismissal of the action and an order requiring arbitration. Hector Melendez, who sued on behalf of himself and others similarly situated, requested that the court stay, or pause, the case and stated that he did not oppose the request to compel arbitration.

Ruling

The court granted the motion to compel arbitration and stayed the action pending the conclusion of arbitration. The order states that the reasons for the ruling were given during the December 14, 2021 conference. The opinion does not address the merits of the underlying claims.

Reporting Requirements

The parties must notify the court no later than one week after the arbitration ends. Until then, they must submit joint reports every six months concerning the arbitration's status. The first report was due June 1, 2022; later reports are due on the first day of December and June, or the first business day of those months when necessary.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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