Hermes of Paris, Inc. v. Swain

Filing 32

ORDER granting 30 FIRST LETTER MOTION for Extension of Time to File in response to defense petition 1) Nothing in "this case" is pending or returnable as any count in New Jersey. "This case" is pending HERE. 2)Per my mandated rules, and which attorneys are expected to be familiar, you have 14 days from the filing of a petition and confirmation an arbitration award. 3) I will give you an extra week or until 2/6/2020 to respond to the petition. 4) I will not adjourn this matter to accommodate any other lawsuit. There has been an arbitration. There is an award. If the award is defective and not confirmable, explain why by 2/6/2020.. (Signed by Judge Colleen McMahon on 1/23/2020) (jca)

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Hermes of Paris v. Matthew Swain
Case ~o. 1:16-cv-06255 (CM)

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Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312

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Procedures ID, I respectfully submit this letter motion for an adjournment of the Hermes of Paris

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petition to confirm arbitration award and enjoin respondent from engaging in further court proceeds in

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the New Jersey Superior Court. The notice of petition was filed on January 16, 2020, (ECF Doc. No. )
27), and I requested the consent of Hermes' counsel to its adjournment which was rejected without . ' (
reason. I have made no prior adjournment requests on this petition and there are no other scheduled1f

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dates on this case in this Court. I am unaware of the return date for Hermes' petition and defense

counsel has not responded to my request if one has been assigned. However, as explained below, a ~ /
pending New Jersey Superior Court motion on thfs case that is returnable on February 14, 2020,

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underscores the basis for my adjournment request until after that motion is decided.

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Case 1:16-cv-06255-CM Document 30 Filed 01/22/20 Page 2 of 3
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On December 23, 2019, I filed a motion under New Jersey law in the New Jersey Superior
Court, Law Division, to vacate the arbitration award and to reinstate Mr. Swain's New Jersey
employment discrimination case into the New Jersey Superior Court. That motion is scheduled for oral
argument on February 14, 2020, and it seeks relief that is both consistent with Your Honor's September
13, 2016 written decision in this case, (ECF Doc. No. 28-7), and inconsistent with Hermes' attempt to
access this Court's jurisdiction over Mr. Swain's New Jersey case.
More specifically, Your Honor's written decision granted the Hermes petition to compel Swain
to arbitrate his claims, but denied the petition's request to enjoin Swain's New Jersey state court case
because Hermes had "not convinced the Court that it has the power to do so." (Id. at page 5). Your
Honor concluded that "[t]he Court has the authority to enjoin Respondent (Swain) from proceeding in
New Jersey, but Hermes has made no such motion. Nothing precludes it from doing so now - or from
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seeking a stay of proceedings directly in the New Jersey Superior Court, where it could and should
have brought this proceeding to compel in the first place." (Id. at page 6). Hermes never filed a motion
with to enjoin Respondent Swain before the arbitration was initiated after appellate practice, and never
sought a stay in the New Jersey Superior Court. I filed an appeal to the Second Circuit, which affirmed
Your Honor's decision to compel arbitration and observed that Hermes did not appeal the denial of its
motion to enjoin Swain's New Jersey state court case.
Swain's pending motion in the New Jersey Superior Court is therefore consistent with Your
Honor's decision that this Court does not have the power to enjoin his New Jersey state court
proceedings. I therefore respectfully request that the Hermes petition be adjourned pending the decision
on Swain's extant Superior Court, Law Division motion.

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Case 1:16-cv-06255-CM Document 30 Filed 01/22/20 Page 3 of 3
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In addition, on January 21, 2020, I was granted permission through pacer to file electronically
on this case, and I will be filing for admission pro hac vice once I receive my requested certificate of
good standing from the New Jersey Supreme Court. I ask that Your Honor consider my adjournment
request in light of my pending admission to appear on this case.
Respectfully submitted,
HAGER LAW, LLC
Attorney for Matthew Swain
s/ Christopher W. Hager

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