Insurance Company Of North America, et al v. Public Service Mutual Insurance Company
| Insurance Company Of North America and INA Reinsurance Company |
| Public Service Mutual Insurance Company |
| 1:2008cv07003 |
| July 29, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Harold Baer |
| Insurance |
| 09 U.S.C. ยง 4 Federal Arbitration Act |
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Filing
35
OPINION AND ORDER: #97817 The December 10, 2008 Order of this Court is hereby vacated. The parties are hereby ordered to continue the arbitration proceedings pending before the original panel as of the date of Sullivan's withdrawal. This order c onfirms the authority of the original panel to continue to hear the arbitration that was halted in medias res upon Sullivan's resignation. Pursuant to this Order and the authority conferred upon the Court by 9 U.S.C. § 5, John D. Sullivan i s reappointed to the panel. Should Sullivan be unwilling or unable to rejoin the existing panel, he will write the Court with his decision and notify the parties within thirty days of the date hereof. Should such event come to pass, and despite what the Court considers at least questionable, if not reprehensible, conduct by INA, INA will have thirty days thereafter to choose a replacement for Sullivan. INA's failure to do so will result in a Court appointment. The Clerk of the Court is instructed to close this motion. SO ORDERED. (Signed by Judge Harold Baer on 7/29/2009) (jmi) Modified on 8/3/2009 (jab).
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Filing
32
OPINION & ORDER:#97689 The December 10,2008 Order of this Court is hereby vacated. The parties are hereby ordered to continue the arbitration proceedings pending before the original panel as of the date of Sullivan's withdrawal. This order confi rms the authority of the original panel to continue to hear the arbitration that was halted in medias res upon Sullivan's resignation. Pursuant to this Order and the authority conferred upon the Court by 9 U.S.C. § 5, John D. Sullivan is r eappointed to the panel. Should Sullivan be unwilling or unable to rejoin the existing panel, he will write the Court with his decision and notify the parties within thirty days of the date hereof. Should such event come to pass, and despite what the Court considers at least questionable, if not reprehensible, conduct by INA, INA will have thirty days thereafter to choose a replacement for Sullivan. INA's failure to do so will result in a Court appointment. The Clerk of the Court is instructed to close this motion. SO ORDERED. (Signed by Judge Harold Baer on 6/29/2009) (jmi) Modified on 7/1/2009 (jab).
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