In Re: Term Commodities Cotton Futures Litigation

Filing 656

ORDER: The parties are directed to submit letter briefs, not to exceed five pages, addressing the issues set forth in this order. (Signed by Judge Andrew L. Carter, Jr on 8/3/2022) Filed In Associated Cases: 1:12-cv-05126-ALC-JW et al. (ate)

Case 1:12-cv-05126-ALC-JW Document 656 Filed 08/03/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE: TERM COMMODITIES COTTON
:
FUTURES LITIGATION,
:
:
THIS DOCUMENT RELATES TO ALL MEMBER :
CASES OF THIS ACTION:
:
:
12-CV-5126
:
12-CV-5269
:
12-CV-5334
:
12-CV-5380
:
12-CV-5470
:
12-CV-5563
:
12-CV-5732
:
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ANDREW L. CARTER, JR., District Judge:

8/3/2022
ORDER
MASTER DOCKET
12-CV-5126 (ALC)(KNF)

The parties are directed to submit letter briefs, not to exceed five pages, addressing the
following issues:
•

whether Defendants have waived their right to compel arbitration;

•

who has the right to enforce the arbitration agreements and/or clause(s) at issue;

•

whether sending notice would affect these enforcement rights; and

•

what prejudice to Defendants, if any, arises if notice is sent to individuals bound by
relevant arbitration agreements.
In their July 22, 2022 Letter, Defendants referenced agreements that may compel potential

members of the class to arbitrate disputes. In addition to letter briefs, the parties are directed to
file a copy of the ICE Arbitration Rules and copies of other relevant arbitration agreements. Letter
briefs should be submitted on August 10, 2022.
SO ORDERED.
Dated:
August 3, 2022
New York, New York
ANDREW L. CARTER, JR.
United States District Judge