Dejesus Cedeno v. Argent Trust Company et al, No. 1:2020cv09987 - Document 72 (S.D.N.Y. 2021)

Court Description: MEMORANDUM OPINION AND ORDER re: 59 MOTION to Compel Arbitration and Stay the Case. filed by Argent Trust Company. The Court has considered all of the arguments of the parties. To the extent not specifically addressed, the argume nts are either moot or without merit. The plaintiff has the right under §§ 409 (a) and 502 (a) (2) to recover for the Plan as a whole. That right is not waivable. Section 17.10(g), which purports to waive that right, is therefore invalid. U nder section 17.10(h), section 17.10(g) is inseverable from the Arbitration Procedure. Therefore, voiding section 17.10(g) voids the entire Arbitration Procedure. Accordingly, the motion to compel arbitration is denied. The Clerk is directed to close Docket Nos. 59, 67, and 69. SO ORDERED. (Signed by Judge John G. Koeltl on 11/2/2021) (ks) Transmission to Orders and Judgments Clerk for processing.