Free Motion to Stay - District Court of Connecticut - Connecticut

Case 3:03-cv-00651-MRK

Document 27

Filed 10/29/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

WILLIAM E. McCARTY PLAINTIFF V. DERIVIUM CAPITAL, LLC, et al. DEFENDANT

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CIVIL ACTION NO. 3:03cv651 (MRK)

OCTOBER 29, 2004

DEFENDANT DERIVIUM CAPITAL, LLC'S MOTION TO STAY IN FAVOR OF ARBITRATION Pursuant to the provisions of 9 U.S.C. §3 of the Federal Arbitration Act, Defendant, Derivium Capital, LLC ("Derivium") hereby moves for an order staying the present action, on the grounds that the claims at issue in this litigation are expressly referable to arbitration pursuant to the terms of the arbitration clause included in the written contract between the parties, and on the representation that promptly on the granting of this Motion, Derivium will a file a demand for arbitration with the American Arbitration Association, to be held in Charleston, South Carolina, in accordance with the applicable arbitration clause. In support of this Motion to Stay, Derivium is filing simultaneously herewith the Affidavit of Charles Cathcart, its founder and managing member, and a Memorandum of Law.

DEFENDANT DERIVIUM CAPITAL, LLC

By:______s/Kenneth Rosenthal__________ Kenneth Rosenthal (ct05944) BRENNER, SALTZMAN & WALLMAN LLP Its Attorneys 271 Whitney Avenue New Haven, CT 06507-1746 Juris No. 06063 Tel. (203) 772-2600 Fax (203) 772-4008
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Case 3:03-cv-00651-MRK

Document 27

Filed 10/29/2004

Page 2 of 2

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was served via U.S. Mail this 29th day of October, 2004 upon: William E. McCarty 113 Grove Place West Haven, CT 06516

s/Kenneth Rosenthal_____ Kenneth Rosenthal (ct 05944)

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