Collaku v. Temco Service Industries, Inc.
Aferdita Collaku |
Temco Service Industries, Inc. |
Temco Service Industries, Inc. |
Aferdita Collaku |
1:2018cv04054 |
May 6, 2018 |
US District Court for the Southern District of New York |
Foley Square Office |
Queens |
Valerie E. Caproni |
Labor/Management Relations |
29 U.S.C. ยง 185 |
None |
Available Case Documents
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Filing 37 CLERK'S JUDGMENT re: 36 Memorandum & Opinion in favor of Aferdiita Collaku, against Temco Service Industries, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated November 26, 2019, the petition to vacate is DENIED and the cross-petition to confirm is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/27/2019) (Attachments: # 1 Right to Appeal)(km) |
Filing 36 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the petition to vacate is DENIED and the cross-petition to confirm is GRANTED. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Valerie E. Caproni on 11/26/2019) (jwh) Transmission to Orders and Judgments Clerk for processing. |
Filing 16 OPINION AND ORDER re: 11 MOTION to Remand to State Court filed by Aferdita Collaku. For the foregoing reasons, Petitioner's motion to remand this case to state court is DENIED. Petitioner's argument that Respondent is "required to move to vacate [a] default," Dkt. 12 (Mem. in Supp. of Mot. to Remand) at 7, is rejected. Because Petitioner's N.Y. C.P.L.R. section 7511 claim is completely preempted by Section 301 of the LMRA, it "must eit her be treated as a § 301 claim...or dismissed as preempted by federal labor-contract law." Allis-Chalmers, 471 U.S. at 220. No later than February 22, 2019, each party must submit a letter brief of no more than five pages addressing w hether this case should be dismissed with prejudice because Petitioner's only claim is completely preempted by federal law or, in the alternative, whether Petitioner should be granted leave to amend her petition to plead a claim under Section 301 asserting that the arbitrator's decision on her NYCHRL claims exceeded the arbitrator's authority under the CBA's arbitration clause. (Signed by Judge Valerie E. Caproni on 2/4/2019) (mro) |
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