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HIRSCH v. DINER'S CLUB INTERNATIONAL

May 12, 2003

CHRISTINE HIRSCH AND DAVID HIRSCH, PLAINTIFF'S,
v.
DINER'S CLUB INTERNATIONAL, LTD., DEFENDANT.



The opinion of the court was delivered by: Milton I. Shadur, Senior United States District Judge

MEMORANDUM ORDER

Because counsel for Christine and David Hirsch (collectively "Hirsches") had failed to comply with the directive contained in this Court's April 15, 2003 memorandum order ("Order I") to file by April 28 "a statement as to reasons if any that the alleged promise to arbitrate should not be complied with," this Court promptly issued an April 29 memorandum order ("Order II") staying this action pursuant to 9 U.S.C. § 3. Order II was premised on the contractual provision requiring such arbitration that had been filed by counsel for Diners Club International, Ltd. ("Diners Club")

Now Hirsches' counsel has belatedly filed a Memorandum Regarding Arbitration challenging the applicability of the document on which Diners Club relies.*fn1 That Memorandum advances several reasons that call the existence of any agreement to arbitrate into serious question.

Accordingly, without expressing any ultimate view on the subject, this Court must necessarily vacate Order II — and it does. No stay of this action will be in effect until further order of court. Instead, Diners Club's counsel is ordered to file a memorandum in response to Hirsches' Memorandum on or before May 22, 2003, and ...


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