IN RE: IBM ARBITRATION AGREEMENT LITIGATION, No. 1:2021cv06296 - Document 75 (S.D.N.Y. 2021)

Court Description: MEMORANDUM OPINION AND ORDER re: 64 LETTER MOTION to Stay addressed to Judge Jesse M. Furman from Shannon Liss-Riordan dated 12/4/2021. filed by Mark Carlton, Deborah Kamienski, Douglas Lee, Dean Wilson, Mario DiFelice, Alex ander Saldarriaga, Mark Guerinot, Richard Ulnick, Brian Burgoyne, Brian Flannery, Mark Vornhagen, Sandy Plotzker, Gregory Abelar, Steven Mandel, Mark McHugh, Denise Cote, William Chastka, James Warren, Brian Brown, Phillip Corbett, Colleen Leigh, Fred Gianiny, Michael Davis, Joseph Duffin, Om Goeckermann, william abt. The motion is denied as meritless. The Clerk of Court is directed to terminate ECF No. 64. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/14/21) (yv)

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IN RE: IBM ARBITRATION AGREEMENT LITIGATION Doc. 75 Case 1:21-cv-06296-JMF Document 75 Filed 12/14/21 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : IN RE: : : : IBM ARBITRATION AGREEMENT LITIGATION : ---------------------------------------------------------------------- X 21-CV-6296 (JMF) MEMORANDUM OPINION AND ORDER JESSE M. FURMAN, United States District Judge: On December 4, 2021, Plaintiffs in these consolidated cases filed a letter motion seeking entry of an order staying arbitration proceedings to which they are not parties. See ECF No. 64. 1 Plaintiffs, however, do not have standing to seek such relief. See, e.g., Merrill Lynch, Pierce, Fenner & Smith Inc. v. Jordan, No. 17-CV-199 (RGA), 2017 WL 1536396, at *3 (D. Del. Apr. 27, 2017) (holding that the plaintiffs did “not have standing to seek injunctive relief” with respect to a pending arbitration because they were not parties to the arbitration); Kakawi Yachting, Inc. v. Marlow Marine Sales, Inc., 215 F. Supp. 3d 1259, 1264 (M.D. Fla. 2014) (holding that the plaintiff “lack[ed] standing” to enjoin an arbitration to which it was not a party); Embarq Retiree Med. Plan. v. Berolzheimer, No. 08-CV-4045 (WTH), 2009 WL 112790, at *2 (N.D. Ill. Jan. 14. 2009) (“Since [plaintiffs] are not parties to the arbitration and no relief is requested from them, they do not have standing to enjoin the arbitration.”). Accordingly, the motion is denied as meritless. The Clerk of Court is directed to terminate ECF No. 64. SO ORDERED. Dated: December 14, 2021 New York, New York __________________________________ JESSE M. FURMAN United States District Judge 1 Plaintiffs’ letter motion seeks to stay “the cases in arbitration for which [they] have requested stays.” ECF No. 64, at 3. Defendant represents, see ECF No. 71, at 2 n.1, and Plaintiffs do not dispute, see ECF No. 73, that there is only one Plaintiff in these cases who has a pending arbitration, and he has not requested a stay of that arbitration. Thus, the relief Plaintiffs seek is only with respect to other parties. Dockets.Justia.com

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