Union v. Allied Cleaning and Maintenance Corp.
Service Employees International Union, Local 32BJ v. Allied Cleaning and Maintenance Corp.
- Analisa Torres
- 1:23-cv-08403
- U.S. District Court · Southern District of New York
- 1
In Service Employees International Union v. Allied Cleaning, Judge Torres adopted the recommendation, granting summary judgment against four entities, denying it against John Kiely, and entering judgment.
Service Employees International Union, Local 32BJ; Allied Cleaning and Maintenance Corp.; Allied Cleaning and Maintenance Services, Inc.; Allied Cleaning Services, Inc.; Guardian Building Services, LLC; and John Kiely. The financial judgment and interest applied to the four entity defendants, while summary judgment was denied as to Kiely.
What happened
Service Employees International Union, Local 32BJ sued four Allied and Guardian entities and John Kiely to enforce an arbitration award. The union later asked the court to decide the case without a trial through summary judgment.
The court referred that motion to Magistrate Judge Gabriel W. Gorenstein, who recommended granting the motion against the four entities and denying it against Kiely. No party objected, so the court reviewed the recommendation for clear error and found none.
Judge Analisa Torres adopted the recommendation in full. The court directed entry of a $22,335.60 judgment against the entities, plus interest of $5.51 per day from December 7, 2022, until judgment was entered; it denied summary judgment against Kiely and closed the case.
The detailed version
- Union v. Allied Cleaning and Maintenance Corp. · No. 1:23-cv-08403
- Analisa Torres
- June 11, 2024
Background
Service Employees International Union, Local 32BJ filed the lawsuit to enforce an arbitration award against Allied Cleaning and Maintenance Corp., Allied Cleaning and Maintenance Services, Inc., Allied Cleaning Services, Inc., Guardian Building Services, LLC, and John Kiely. The opinion describes Kiely as the entities' purported owner. After serving the defendants, the union moved for summary judgment, which asks the court to decide a claim without a trial when the applicable legal standard is met.
Report and Recommendation
Judge Gabriel W. Gorenstein reviewed the union's motion and issued a report and recommendation. He recommended that the motion be granted as to the four entity defendants and denied as to Kiely. He also recommended entering a $22,335.60 judgment against the entity defendants and awarding interest of $5.51 per day from December 7, 2022, until the date judgment was entered.
The parties were notified that they could object to the report and recommendation, but no objections were filed before the deadline. Because there were no objections, Judge Torres reviewed the recommendation for clear error, meaning an obvious mistake in the recommendation. She found no clear error.
Ruling
Judge Analisa Torres adopted Judge Gorenstein's report and recommendation in its entirety. The Clerk of Court was directed to terminate the summary-judgment motion, enter judgment consistent with the order and recommendation, and close the case. The resulting dispositions were:
- Summary judgment was granted as to the four entity defendants. - Summary judgment was denied as to John Kiely. - A $22,335.60 judgment was awarded against the entity defendants. - Interest against the entity defendants was set at $5.51 per day from December 7, 2022, until judgment was entered.
The opinion does not describe the underlying arbitration award's claims or reasoning beyond stating that the union sought to enforce it.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.