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

S.D. New York

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

District Court, S.D. New York·Decided February 23, 2022·No. 1:21-cv-10400·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wane eee CX PERRIGO NEW YORK, INC., : Petitioner, : -against- : 21 Civ. 10400 (LGS) INTERNATIONAL BROTHERHOOD OF : ORDER TEAMSTERS LOCAL UNION 210, : Respondent. : wee UX

LORNA G. SCHOFIELD, District Judge: WHEREAS, this action concerns a petition to confirm an arbitration award (the “Petition”). WHEREAS, Respondent waived service on December 22, 2021, (Dkt. No. 7) but has not yet appeared in this action. WHEREAS, Respondent was required to answer, move or otherwise respond to the Petition by February 21, 2022. See Fed. R. Civ. P. 12(a)(1)(A)(ai). WHEREAS, “default judgments in confirmation/vacatur proceedings are generally inappropriate.” D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Instead, a district court should treat an unanswered petition to confirm or vacate an arbitration award “as an unopposed motion for summary judgment.” /d. at 110; accord Carroll v. Wells Fargo Clearing Servs., LLC, No. 20 Civ. 4918, 2021 WL 634721, at *2 (S.D.N.Y. Feb. 17, 2021). It is hereby ORDERED that the Petition will be treated as an unopposed motion for summary judgment. Petitioner’s unopposed motion for summary judgment is deemed fully briefed and will be decided on the papers already filed. Dated: February 23, 2022 New York, New York .

LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wane eee CX PERRIGO NEW YORK, INC., : Petitioner, : -against- : 21 Civ. 10400 (LGS) INTERNATIONAL BROTHERHOOD OF : ORDER TEAMSTERS LOCAL UNION 210, : Respondent. : wee UX

LORNA G. SCHOFIELD, District Judge: WHEREAS, this action concerns a petition to confirm an arbitration award (the “Petition”). WHEREAS, Respondent waived service on December 22, 2021, (Dkt. No. 7) but has not yet appeared in this action. WHEREAS, Respondent was required to answer, move or otherwise respond to the Petition by February 21, 2022. See Fed. R. Civ. P. 12(a)(1)(A)(ai). WHEREAS, “default judgments in confirmation/vacatur proceedings are generally inappropriate.” D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Instead, a district court should treat an unanswered petition to confirm or vacate an arbitration award “as an unopposed motion for summary judgment.” /d. at 110; accord Carroll v. Wells Fargo Clearing Servs., LLC, No. 20 Civ. 4918, 2021 WL 634721, at *2 (S.D.N.Y. Feb. 17, 2021). It is hereby ORDERED that the Petition will be treated as an unopposed motion for summary judgment. Petitioner’s unopposed motion for summary judgment is deemed fully briefed and will be decided on the papers already filed. Dated: February 23, 2022 New York, New York .

LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE

Perrigo New York, Inc. v. International Brotherhood of Teamsters Local Union 210, (S.D.N.Y. 2022).

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