Dejesus Cedeno v. Argent Trust Company et al
Filing
57
ORDER granting 54 Letter Motion to Adjourn Conference. This case is stayed pending the decision on the motion to compel arbitration. SO ORDERED.. (Signed by Judge John G. Koeltl on 2/16/2021) (ks)
Case 1:20-cv-09987-JGK Document 54 Filed 02/15/21 Page 1 of 2
57
02/16/21
This case is stayed pending the decision on
the motion to compel arbitration.
Jeremy P. Blumenfeld
Partner
+1.215.963.5258
jeremy.blumenfeld@morganlewis.com
February 15, 2021
SO ORDERED.
New York, New York /s/ John G. Koeltl
February 16, 2021 John G. Koeltl, U.S.D.J.
VIA ECF
The Honorable John G. Koeltl
United States District Court
Southern District of New York
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street
New York, New York 10007-1312
Re:
Cedeno v. Argent Trust Company, et al., Case No. 1:20-09987 (JGK)
Dear Judge Koeltl:
Pursuant to Your Honor’s Individual Practices and Local Rule 7.1(d), Defendants submit this
unopposed letter-motion to respectfully ask the Court to adjourn the deadline for Defendants to
answer or otherwise respond to the Complaint, as well as the February 24, 2021 Pretrial
Conference, pending the Court’s ruling on Defendants’ forthcoming motion to compel arbitration of
Plaintiff’s claims. Defendants have sought Plaintiff’s consent to the relief requested herein and
Plaintiff does not oppose Defendants’ requests. Good cause exists for Defendants’ requests, as
follows:
On November 27, 2020, Plaintiff filed his Complaint, in which he alleges that Defendants violated
various provisions of the Employee Retirement Income Security Act of 1974, as amended
(“ERISA”). See Dkt. No. 1.
On February 8, 2021, Defendants submitted a letter motion in which they requested a pre-motion
conference, should the Court have deemed it necessary, on the grounds that Defendants intend to
move the Court to compel arbitration of Plaintiff’s claims, direct that any arbitration occur on an
individual basis, and stay this case while any arbitration proceeds (among other requested relief).
See Dkt. No. 47. On February 10, 2021, the Court issued an Order setting a briefing schedule for
Defendants’ motion to compel. See Dkt. No. 51. The Order instructs that Defendants may move
to compel arbitration by March 5, 2021; Plaintiff shall respond by March 26, 2021; and Defendants
shall reply by April 7, 2021. Id.
Pursuant to the Court’s Order, Defendants intend to file their motion to compel arbitration by
March 5, 2021. In light of the briefing schedule set forth in the Court’s Order, Defendants
respectfully request that the Court adjourn Defendants’ deadline to answer or otherwise respond to
the Complaint until after the Court rules on Defendants’ motion to compel and any responses and
replies thereto. After the Complaint was initially served, Defendants sought extensions of time to
Morgan, Lewis & Bockius
1701 Market Street
Philadelphia, PA 19103-2921
United States
LLP
+1.215.963.5000
+1.215.963.5001
Case 1:20-cv-09987-JGK Document 54 Filed 02/15/21 Page 2 of 2
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02/16/21
The Honorable John G. Koeltl
February 15, 2021
Page 2
respond to the Complaint, so this is the second request to modify the deadline for responding to
the Complaint, and this request will not affect any other scheduled deadlines.
Additionally, in light of Defendants’ forthcoming briefing, Defendants respectfully request that the
Court adjourn the pretrial conference currently scheduled for February 24, 2021 until the Court
rules on Defendants’ motion to compel or decides that it would be helpful to schedule oral
argument on that motion. In addition, counsel for Argent has a scheduling conflict with the
February 24, 2021 pretrial conference, so if the Court is inclined to hold the conference now,
Defendants respectfully request that it be rescheduled at a date and time that is mutually
convenient for the Court and the parties. We are happy to coordinate that scheduling with
Plaintiff’s counsel should that be the Court’s preference. This is Defendants’ first request to
adjourn the pretrial conference, and this request will not affect any other scheduled deadlines.
Respectfully submitted,
/s/ Jeremy P. Blumenfeld
/s/ Lars C. Golumbic
(signed with permission)
Attorney for Defendants Ryan Sasson, Daniel Blumkin,
Ian Behar, Duke Enterprises LLC, Twist Financial LLC,
Blaise Investments LLC, and Strategic Financial
Solutions, LLC
CC:
All Counsel of Record (via electronic filing)
Attorney for Defendant Argent Trust Company
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