Pelligrino v. Morgan Stanley Smith Barney LLC, et al, No. 1:2017cv07865 - Document 28 (S.D.N.Y. 2018)

Court Description: MEMORANDUM OPINION AND ORDER re: 7 FIRST MOTION to Compel Arbitration and to Stay the Proceeding Pending Arbitration. filed by Morgan Stanley Smith Barney FA Notes Holdings LLC, Morgan Stanley Smith Barney LLC, Evan Boucher. For th ese reasons, and because Plaintiff's claims here fall within the scope of the 2015 Arbitration Agreement and the CARE Guidebook's arbitration provisions, Defendants' motion to compel arbitration is granted. This case is therefore st ayed pending resolution of the arbitration. See Katz v. Cellea P'ship, 794 F.3d 341, 347 (2d Cir. 2015) ("[T]he text, structure, and underlying policy of the FAA mandate a stay of proceedings when all of the claims in an action have been r eferred to arbitration and a stay [has been] requested."). The parties are directed to submit a joint status update by November 30, 2018, or by 30 days after the completion of arbitration, whichever date is sooner. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 7. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/31/2018) (rj)