Porricelli v. Midland Credit Management, Inc. ( 2020 )

Bromserc Law Orrice, P.C. Brian L. Bromberg (Admitted in NY, NJ & CA) 26 Broadway, 27th Floor Tarrant-Windt, Associate (Admitted in NY) New York, NY 10004 Phone: (212) 248-7906 Fax: (212) 248-7908 June 4, 2020 Via ECF Honorable Paul A. Engelmayer, U.S.D_J. Southern District of New York 40 Foley Square New York, NY 10007 Re: Porricelli v. Midland Credit Management, Inc. SDNY Case No. 19-CV-7992 (PAE) Dear Judge Engelmayer: We represent the plaintiff, Lisa Porricelli, in the above-referenced case. Pursuant to the Court’s order of May 27, Defendants have now introduced to the record (ECF No. 39) a “forward flow agreement” and related documents that appear to establish their right to arbitration. With this production, Plaintiff has determined not to continue to oppose arbitration. A stay, rather than dismissal, is generally appropriate in such a case. See Katz v. Cellco Partnership, 794 F.3d 341, 347 (2d Cir. 2015). Accordingly, Plaintiff requests that Your Honor stay this case so that the parties can proceed to arbitration. Respectfully, /s/ Brian L. Bromberg 6/5/2¢ The Court appreciates this letter. Because defendants have clearly established their right to arbitration, ar no longer opposes defendants' motion to compel, the only issue remaining is whether to dismiss or stay th The Second Circuit instructs that "the text, structure, and underlying policy of the FAA mandate a stay of when all the claims in an action have been referred to arbitration and a stay requested." Karz v. Cellco 794 F.3d 341, 347 (2d Cir. 2015). Porricelli has requested a stay. The Court agrees that a stay will expedite case by enabling prompt arbitral resolution of Porricelli's claims and deferring any appellate review until after t has concluded. the Court refers Porricelli's claims to arbitration and stays this case pending the outcome of arbitratior parties are directed to submit a joint status letter to the Court every 90 days, measured from the date of this ord the Court as to the status of arbitration proceedings. The Clerk of Court is respectfully directed to termina motion pending at docket 19. lank A. Lrplroyyy