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Motor Vehicle | New York Eastern
Order on Motion for Pre Motion Conference
ORDER striking 22 Plaintiff BMW's Bill of Costs; denying without prejudice 23 Defendant's Motion for Pre Motion Conference for new arbitration, relieving the current arbitrator, directing selection of new arbitration, and resetting arbitration schedule; denying without prejudice 25 Defendant's Motion for Pre Motion Conference for an order that Plaintiff, BMW, is judicially estopped from seeking damages in this action in excess of $150,000 exclusive of interest and costs, directing BMW to state whether damages exceed $150,000, and awarding Defendant's fees and costs of arbitration under 28 U.S.C. Section 1927, if BMW certifies that damages are over $150,000, and that this action is ineligible for compulsory arbitration.
ECF No. 22 is stricken because BMW improperly filed 22 without leave of Court or any explanation, and there is a pending arbitration no party had previously requested exemption from arbitration. (See 4/21/26 Dkt. Order.) BMW could have and should have presented damages allegations in the complaint or when the case was referred to arbitration if BMW had a good faith basis for disputing the arbitrability of the dispute. Instead, the Parties engaged in the arbiration process, expending time and resources, and the arbitrator's decision is pending.
Because there is still an arbitration pending, the relief requested in 23 and 25 is premature.
The Court urges the Parties to resolve the disputes at issue but places BMW on notice that failure to raise the issue of damages before the arbitration may convince the Court that the defendant's arbitration fees and costs be borne by BMW.Ordered by Judge Kiyo A. Matsumoto on 9/18/2026. (KSC)
Arbitration Award
ARBITRATION AWARD. Request for Trial De Novo due by 10/19/2026.
The Arbitration Award is a confidential, non-binding document maintained solely by the ADR Department. Contemporaneously with the docketing of the Arbitration Award, the Award is being emailed to counsel, separately, at the EDNY registered email address for the attorneys on this case. The specifications of the Award will not be entered on the docket.
After notation of the Award is made on the docket, the Arbitration Award should not be attached or submitted with any subsequent filings for the case including a Request for Trial De Novo.
Counsel have 30 days after entry of the Award to file a Demand/Request for Trial De Novo. The Trial De Novo shall be filed electronically using the ECF filing event: Request for Trial De Novo. If a Trial De Novo is not filed within 30 days of the entry of the Award, the Award will become a final judgment of the court.
Please share your feedback by submitting a Post-Arbitration Survey. Post Arbitration Report.
(BSF)
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