Thank You For Submiting Feedback!
United States District Court for the Southern District of New York
November 2, 2021, Decided; November 2, 2021, Filed
MEMORANDUM OPINION AND ORDER
JOHN G. KOELTL, District Judge:
The plaintiff, Ramon Dejesus Cedeno, brought this putative class action alleging violations of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., ("ERISA") by the defendants: Argent Trust Co., Ryan Sasson, Daniel Blumkin, Ian Behar, Duke Enterprises LLC, Twist Financial LC, Blaise Investments [*2] LLC, and Strategic Financial Solutions, LLC. Compl., ECF No. 17. The plaintiff sought to represent a class of the participants in his retirement plan. The defendants moved to compel individual arbitration and to stay the case. ECF No. 59. However, the arbitration agreement at issue precluded participants in the retirement plan at issue, which is governed by ERISA, from seeking relief for the plan as a whole, a form of relief that is otherwise provided for by ERISA. Because this provision is invalid and is not severable from the arbitration provision in the plan, the motion to compel arbitration is denied.
"In deciding motions to compel, courts apply a standard similar to that applicable for a motion for summary judgment." Nicosia v. Amazon.com, Inc., 834 F.3d 220, 229 (2d Cir. 2016).1 Thus, a court should "consider all relevant, admissible evidence submitted by the parties and contained in pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits." Id. The Court must draw all reasonable inferences against the moving party. Id. In this case, there has been no discovery, and there is no dispute as to the following facts.
The plaintiff is an employee of Strategic Financial Solutions, LLC. Compl. ¶ 18. He [*3] is a participant in its strategic employee stock ownership plan (the "Plan"), id., a type of retirement plan covered by ERISA, see § 407(d)(6). The Plan is a defined contribution plan which means that participants have individual accounts within the Plan from which their retirement benefits will be paid. Compl. ¶ 42.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2021 U.S. Dist. LEXIS 212926 *; 2021 WL 5087898
RAMON DEJESUS CEDENO, individually and on behalf of a class of all other persons similarly situated, Plaintiffs, - against - ARGENT TRUST COMPANY et al., Defendants.
Subsequent History: Stay granted by Cedeno v. Argent Trust Co., 2021 U.S. Dist. LEXIS 225376 (S.D.N.Y., Nov. 22, 2021)
arbitration, fiduciary, arbitration procedure, plan-wide, remedies, invalid, breaches, losses, arbitration agreement, individual account, arbitration provision, compel arbitration, authorizes, benefits, parties, waive