Rubin v. Sona International Corp.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

This case presents novel issues in the wake of the Supreme Court’s recent decision in Buckeye Check Cashing, Inc. v. Cardegna. 1 Michael Rubin Associates, LLC and Michael Rubin (collectively, “Rubin”) bring this action seeking damages and rescission of their franchise agreement, which contains an arbitration clause. Defendants now move to dismiss the action pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), and Section 3 of the Federal Arbitration Act (“FAA”), 2 or, in the alternative, to stay this litigation pending…