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S.D.N.Y.Procedural orderFiled Sept. 28, 2023

Union v. Allied Cleaning and Maintenance Corp.

Full caption

Service Employees International Union, Local 32BJ v. Allied Cleaning and Maintenance Corp.

Judge
Analisa Torres
Docket
1:23-cv-08403
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil Procedure
In one sentence

In SEIU Local 32BJ v. Allied Cleaning, Judge Torres set deadlines for briefing on the union’s request to enforce an arbitration award.

Who this affects

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.

What happened

Service Employees International Union, Local 32BJ sued Allied Cleaning and Maintenance Corp. and other defendants to confirm and enforce an arbitration award.

The court ordered the union to file supporting materials by November 2, 2023, required defendants to respond by November 30, and allowed the union to reply by December 14. The union also had to serve the complaint and order by October 5 and file proof of service by October 12.

Judge Analisa Torres did not decide whether the arbitration award should be confirmed or enforced. She issued deadlines for the case to proceed and described the confirmation proceedings as similar to a summary-judgment motion.

The detailed version

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

Case
Union v. Allied Cleaning and Maintenance Corp. · No. 1:23-cv-08403
Judge
Analisa Torres
Date
Sept. 28, 2023

Background

The union filed a complaint on September 22, 2023, seeking to confirm and enforce an arbitration award. The court stated that proceedings to confirm an arbitration award are treated similarly to a motion for summary judgment, meaning the parties must present supporting evidence and legal arguments.

Court’s directives

The court ordered the union to file and serve a statement required by Local Civil Rule 56.1 and any additional supporting materials by November 2, 2023. These materials could include legal memoranda, the arbitration award, supporting documents, and affidavits or declarations stating that exhibits are true and correct copies of the documents they represent.

The defendants were ordered to file their opposition papers by November 30, 2023. The union could file a reply by December 14, 2023.

The court also ordered the union to personally serve the complaint and the order on the defendants by October 5, 2023, using a person authorized under New York Civil Practice Law and Rules § 311. The union had to file an affidavit proving service by October 12, 2023.

Disposition

Judge Analisa Torres issued procedural deadlines and service requirements. The order did not decide whether the arbitration award should be confirmed or enforced, and it did not rule on the parties’ underlying dispute.

The authoritative version

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

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