Thompson

ORDER DENYING PLAINTIFFS’ MOTION TO COMPEL ARBITRATORS TO ISSUE SUBPOENAS OR, IN THE ALTERNATIVE, TO ISSUE SUBPOENAS

This motion presents this Court a question of first impression: To what extent can and should a federal district court interfere with an arbitrator’s decisions after the Court has stayed an action pending arbitration pursuant to 9 U.S.C. § 3 (1982) of the Federal Arbitration Act but before a final award is made. After consideration of the submitted papers and further research, this Court dispensed with oral argument. See Local Rule of Civil Procedure 7.11. By this motion, plaintiff Joseph Chryar seeks to compel the arbitrator to issue subpoenas, or in the alternative, to have this Court issue subpoenas compelling defendants Zavin, Timmel and Berenson to attend arbitration hearings and to produce certain records for inspection. This motion, in effect, is an interlocutory appeal from a procedural ruling of the arbitrators. This Court denies it for the following reasons:

BACKGROUND

The underlying complaint for nonpayment of royalties, per se violation of antitrust laws, and restraint of trade was filed on May 15, 1982. On January 31, 1983, after a motion by…