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STONE v. GOLDEN WEXLER & SARNESE, P.C.

No. 03CV1136(RJD)(JMA).

341 F.Supp.2d 189 (2004)

Shifra M. STONE, on behalf of herself and all others similarly situated, Plaintiff, v. GOLDEN WEXLER & SARNESE, P.C., Sharinn & Lipshie, P.C., and Capital One Bank, Defendants.

United States District Court, E.D. New York.

September 30, 2004.

Attorney(s) appearing for the Case

Abraham Kleinman and Lawrence Katz, Katz & Kleinman, Uniondale, NY, for Plaintiff.

Patricia K. Rech, Morenus, Cardoza & Conway, Goren & Brandman, Melville, NY, for Defendant Golden, Wexler & Sarnese P.C.

Stephen R. Hill, Hill & Associates, Mineola, NY, for Defendant Sharinn & Lipshie, P.C.

Matthew P. Previn and Eric J. Mogilnicki, Wilmer, Cutler & Pickering LLP, New York, NY, for Defendant Capital One Bank.

MEMORANDUM & ORDER

DEARIE, District Judge.

Plaintiff brings a class action against defendants alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. Defendant Capital One Bank moves to stay the proceeding in favor of arbitration. For the reasons discussed below, the motion is denied.

BACKGROUND

The material facts of the case are undisputed. Plaintiff Stone opened a credit card with Capital...

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