BEY v. CITI HEALTH CARD

Filing 19

ORDER THAT DEFENDANT'S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS IS GRANTED. THE CLERK OF COURT SHALL PLACE THIS CASE IN SUSPENSE PENDING THE OUTCOME OF ARBITRATION. THE PARTIES SHALL INFORM THE COURT BY LETTER OF THE STATUS OF ARBITRATION WITHIN 90 DAYS OF THE DATE OF THIS ORDER AND EVERY 90 DAYS THEREAFTER. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 7/6/2017. 7/6/2017 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
YAHYA SALEEM BEY,
Plaintiff,

CIVIL ACTION
NO. 15-6533

v.
CITI HEALTH CARD,
Defendant.
ORDER

AND NOW, this 6th day of July 2017, upon consideration of Defendant’s Motion to
Compel Arbitration and Stay Proceedings (Doc. No. 11), Plaintiff’s Response in Opposition to
Defendant’s Motion (Doc. No. 12), Defendant’s Reply (Doc. No. 13), Plaintiff’s Sur-reply (Doc.
No. 14), Plaintiff’s Motion for Summary Judgment (Doc. No. 15), and Defendant’s Response in
Opposition to Plaintiff’s Motion for Summary Judgment (Doc. No. 17), it is ORDERED as
follows:
1. Defendant’s Motion to Compel Arbitration and Stay Proceedings (Doc. No. 11) is
GRANTED.
2. In accordance with the Card Agreement between the parties, Plaintiff is required to
arbitrate any dispute arising out of the agreement pursuant to the rules and procedures
established by either the American Arbitration Association or JAMS. 1 Plaintiff is
1

The Card Agreement reads, in pertinent part:
How does a party initiate arbitration? The party filing an arbitration must
choose one of the following two arbitration firms and follow its rules and
procedures for initiating and pursuing an arbitration: American Arbitration
Association or JAMS. Any arbitration hearing that you attend will be held at a
place chosen by the arbitration firm in the same city as the U.S. District Court
closest to your then current billing address, . . .

given thirty (30) days from the date of this Order in which to file for arbitration. If
Plaintiff does not initiate arbitration within that time, the Court will dismiss this case.
3. The Clerk of Court shall place this case in SUSPENSE pending the outcome of the
arbitration.
4. The parties shall inform the Court by letter of the status of the arbitration proceeding
within ninety (90) days of the date of this Order, and every ninety days thereafter.
5. Plaintiff’s Motion for Summary Judgment (Doc. No. 15) is DENIED.

BY THE COURT:

/ s / J oel H. S l om s k y
JOEL H. SLOMSKY, J.

(Doc. No. 11-3 at 10-11.)