Parrella v. The Orange Rabbit, Inc.
- Ronnie Abrams
- 1:20-cv-09923
- U.S. District Court · Southern District of New York
- 2
In Parrella v. The Orange Rabbit, Judge Abrams set a deadline to serve a petition challenging an arbitration award, warning that failure would require dismissal.
Michael A. Parrella and the respondents, including The Orange Rabbit, Inc.
What happened
In Parrella v. The Orange Rabbit, Inc., Michael A. Parrella sought to challenge an arbitration award. The parties received notice of that award on August 30, 2020.
The court explained that federal law gives a party three months to serve a petition seeking to vacate, modify, or correct an arbitration award, and that this deadline cannot be extended. The court stated that the petition would have to be dismissed if Parrella did not serve the respondents by November 30, 2020.
Judge Ronnie Abrams also set December 21, 2020, as the deadline for the respondents to oppose the petition if service was timely. The order did not itself state that the petition had been dismissed.
The detailed version
- Parrella v. The Orange Rabbit, Inc. · No. 1:20-cv-09923
- Ronnie Abrams
- Nov. 30, 2020
Background
The case was filed on November 30, 2020. Michael A. Parrella sought to challenge an arbitration award issued in a dispute involving The Orange Rabbit, Inc., and other respondents. The parties received notice of the award on August 30, 2020.
Legal Rule
The court explained that 9 U.S.C. § 12 requires a party seeking to vacate, modify, or correct an arbitration award to serve the petition within three months after receiving notice of the award. Relying on prior decisions, the court stated that this service deadline is absolute and cannot be extended.
Order
The court stated that Parrella had to serve the respondents by November 30, 2020. If he did not do so, the petition to vacate the arbitration award would have to be dismissed. If service was timely, the respondents had until December 21, 2020, to file their opposition. The order did not itself dismiss the petition or otherwise decide whether the arbitration award should be vacated.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.