Rivera v. Better Holdco, Inc.

Filing 16

ORDER denying without prejudice 10 Motion to Compel Arbitration; granting 13 Letter Motion for Leave to File Document; terminating 14 Letter Motion for Extension of Time; terminating 14 Letter Motion for Extension of Time to File Respons e/Reply re 10 MOTION to Compel Arbitration ., 13 LETTER MOTION for Leave to File Motion to Dismiss Plaintiff's Complaint addressed to Judge Mary Kay Vyskocil from Michael J. Lufkin dated January 26, 2024., 14 JO INT LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Ethan Leonard dated January 30, 2024. LETTER MOTION for Extension of Time to File Response/Reply as to 13 LETTER MOTION for Leave to File Motion t o Dismiss Plaintiff's Complaint addressed to Judge Mary Kay Vyskocil from Michael J. Lufkin dated January 26, 2024. <i, 15 JOINT LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Ethan Leona rd dated February 6, 2024. LETTER MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Compel Arbitration ., 13 LETTER MOTION for Leave to File Motion to Dismiss Plaintiff's Complaint addressed to Judge Mary Kay Vyskocil f ; terminating 15 Letter Motion for Extension of Time; terminating 15 Letter Motion for Extension of Time to File Response/Reply re 10 MOTION to Compel Arbitration ., 13 LETTER MOTION for Leave to File Motion to Dismiss Plaintiff's Complaint addressed to Judge Mary Kay Vyskocil from Michael J. Lufkin dated January 26, 2024., 14 JOINT LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from E than Leonard dated January 30, 2024. LETTER MOTION for Extension of Time to File Response/Reply as to 13 LETTER MOTION for Leave to File Motion to Dismiss Plaintiff's Complaint addressed to Judge Mary Kay Vyskocil from Michae l J. Lufkin dated January 26, 2024. <i, 15 JOINT LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Ethan Leonard dated February 6, 2024. LETTER MOTION for Extension of Time to File Response/Reply as t o 10 MOTION to Compel Arbitration ., 13 LETTER MOTION for Leave to File Motion to Dismiss Plaintiff's Complaint addressed to Judge Mary Kay Vyskocil f. In the interest of managing the Court's docket and the docket in this case, IT IS HEREBY ORDERED that Defendant's pending motion to compel arbitration [ECF No. 10] is denied without prejudice, and Defendant's request for leave to file a motion to dismiss is granted. By February 21, 2024, Defendant shall file one consolidated motion to compel arbitration or, in the alternative, to dismiss this case. Plaintiff shall respond by March 6, 2024. Any reply is due March 13, 2024. Any request for an extension shall be made by letter (one letter only) filed on ECF at least 48 hours before the deadline. The Clerk of Court respectfully is requested to terminate the motions pending at docket entries 10, 13, 14, and 15. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 2/7/2024) (tg)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 2/7/2024

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DANIEL RIVERA,
Plaintiff,

1:23-cv-10635 (MKV)

-against-

ORDER

BETTER HOLDCO, INC.,
Defendant.
MARY KAY VYSKOCIL, United States District Judge:

The Court is in receipt of: (1) Defendant’s motion to compel arbitration [ECF No. 10], which
motion Defendant filed without first filing a pre-motion letter; (2) Defendant’s pre-motion letter
requesting leave to file a motion to dismiss [ECF No. 13]; and (3) Plaintiff’s two letters requesting
extensions of time to respond to the motion to compel and to oppose Defendant’s pre-motion letter about
the contemplated motion to dismiss [ECF Nos. 14, 15].
In the interest of managing the Court’s docket and the docket in this case, IT IS HEREBY
ORDERED that Defendant’s pending motion to compel arbitration [ECF No. 10] is denied without
prejudice, and Defendant’s request for leave to file a motion to dismiss is granted.
By February 21, 2024, Defendant shall file one consolidated motion to compel arbitration or, in
the alternative, to dismiss this case. Plaintiff shall respond by March 6, 2024. Any reply is due March
13, 2024.
Any request for an extension shall be made by letter (one letter only) filed on ECF at least 48 hours
before the deadline.
The Clerk of Court respectfully is requested to terminate the motions pending at docket entries 10,
13, 14, and 15.
SO ORDERED.
Date: February 7, 2024
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge