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S.D.N.Y.Procedural orderFiled Feb. 23, 2022

Perrigo New York v. International Brotherhood of Teamsters Local Union 210

Judge
Lorna Schofield
Docket
1:21-cv-10400
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil ProcedureSummary Judgment
In one sentence

In Perrigo New York v. Teamsters Local 210, Judge Schofield treated the unanswered arbitration petition as an unopposed summary-judgment motion.

Who this affects

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

For law students, journalists, and other readers who want the full reasoning

Case
Perrigo New York v. International Brotherhood of Teamsters Local Union 210 · No. 1:21-cv-10400
Judge
Lorna Schofield
Date
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.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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