Carrion v. Peregrine Enterprises, Inc.

Background

The order followed a joint letter about the next steps in Carrion and a related case, Brown. The letter stated that the Second Circuit had reversed this Court’s earlier determination that the defendants waived their right to require arbitration. According to the letter, the Second Circuit held that the defendants had not acted so inconsistently with arbitration as to waive that right, while leaving open the possibility of a renewed request to compel arbitration or to appoint a substitute arbitrator.

Defendants said they intended to file a renewed motion seeking appointment of a substitute arbitrator or, alternatively, an order requiring plaintiffs to refile their claims with the American Arbitration Association and pay half of the initial arbitration fees. Plaintiffs opposed those proposed steps. Plaintiffs’ letter position was that the arbitration forum was unavailable and that prior Second Circuit authority prevented appointment of a substitute arbitrator.

Court’s Action

The court scheduled a telephone conference for January 24, 2024, to address the parties’ disagreement about next steps. In light of the Second Circuit’s decision, Judge Katherine Polk Failla denied without prejudice to renewal plaintiffs’ motions for conditional certification and equitable tolling in both Carrion and Brown. The order also directed the Clerk to terminate the specified pending motions in both cases. The order did not decide the parties’ anticipated renewed motion concerning arbitration.