Ashton et al v. Aptdeco, Inc. et al, No. 1:2020cv09865 - Document 56 (S.D.N.Y. 2022)

Court Description: MEMORANDUM OPINION AND ORDER re: 39 SUPPLEMENTAL MOTION to Compel Arbitration . filed by Kalam Dennis, Reham Fagiri, Aptdeco, Inc. The Court has considered all of the parties' arguments. To the extent not specifically addr essed above, the arguments are either moot or without merit. For the foregoing reasons, the defendants' motion to compel arbitration of King's claims is denied without prejudice. The defendants' motion to compel arbitration of Smit h's claims is granted. Smith's claims against the defendants, including any arbitration of those claims, are stayed pending the jury trial on whether King should be required to arbitrate his claims against the defendants. At that trial, the parties may call any witnesses who are relevant to the issue of whether King agreed to arbitrate. The stay will permit a joint arbitration if King, like Smith, is required to arbitrate his claims. SO ORDERED. (Signed by Judge John G. Koeltl on 9/22/22) (yv)