Perrigo New York v. International Brotherhood of Teamsters Local Union 210
- Lorna Schofield
- 1:21-cv-10400
- U.S. District Court · Southern District of New York
- 1
In Perrigo New York v. Teamsters Local 210, Judge Schofield treated the unanswered arbitration petition as an unopposed summary-judgment motion.
Perrigo New York, Inc. and International Brotherhood of Teamsters Local Union 210; the order sets how Perrigo’s petition will proceed but does not resolve the petition.
What happened
Perrigo New York, Inc. v. International Brotherhood of Teamsters Local Union 210 concerns Perrigo’s petition asking the court to confirm an arbitration award. The opinion does not decide whether the award should be confirmed.
The union waived service but had not appeared. Its deadline to answer, make a motion, or otherwise respond to the petition had passed without a response.
Judge Schofield ordered that the petition be treated as an unopposed motion for summary judgment, meaning a request for judgment based on the filed materials without a trial. She deemed the motion fully briefed and said it would be decided on the papers already filed.
The detailed version
- Perrigo New York v. International Brotherhood of Teamsters Local Union 210 · No. 1:21-cv-10400
- Lorna Schofield
- Feb. 23, 2022
Background
This action concerns Perrigo New York, Inc.’s petition to confirm an arbitration award. The opinion states that the respondent waived service on December 22, 2021, but had not appeared in the action. The respondent was required to answer, make a motion, or otherwise respond to the petition by February 21, 2022.
Court’s Action
The court explained that default judgments are generally inappropriate in proceedings to confirm or overturn arbitration awards. Instead, an unanswered petition should be treated as an unopposed motion for summary judgment. Summary judgment is a decision based on the filed materials rather than a trial.
The court ordered that the petition be treated as an unopposed motion for summary judgment. The motion was deemed fully briefed and would be decided on the papers already filed. This order did not decide whether the arbitration award should be confirmed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.
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