National Union Fire Insurance Company of Pittsburgh, PA. v. Source One Staffing LLC
| National Union Fire Insurance Company of Pittsburgh, PA. |
| Source One Staffing LLC |
| 1:2016cv06461 |
| August 15, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jesse M. Furman |
| Arbitration |
| 09 U.S.C. ยง 5 Petition to Appoint Arbitrator |
| None |
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Filing
58
MEMORANDUM OPINION AND ORDER: re: 52 MOTION to Confirm Arbitration Award and Enter Judgment, filed by National Union Fire Insurance Company of Pittsburgh, PA. Accordingly, the Court grants Petitioners unopposed petition to confirm t he entire Award. Petitioner is directed to submit a proposed Judgment consistent with this Memorandum Opinion and Order to the Orders and Judgments Clerk of this Court by December 18, 2017, and as further set forth in this order. Motions terminated: 52 MOTION to Confirm Arbitration Award and Enter Judgment, filed by National Union Fire Insurance Company of Pittsburgh, PA. (Signed by Judge Jesse M. Furman on 12/11/2017) (ap)
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Filing
47
MEMORANDUM OPINION AND ORDER re: 40 MOTION to Stay re: 39 MOTION to Stay . MOTION to Vacate Arbitration . , filed by Source One Staffing LLC, 39 MOTION to Stay . MOTION to Vacate Arbit ration , filed by Source One Staffing LLC, 42 CROSS MOTION to Confirm Arbitration Award, filed by National Union Fire Insurance Company of Pittsburgh, PA., 41 MOTION to Stay re: 40 MOTION to Stay re: 39 M OTION to Stay . MOTION to Vacate Arbitration . , 39 MOTION to Stay . MOTION to Vacate Arbitration . , filed by Source One Staffing LLC, 33 CROSS MOTION to Confirm Arbitration Award, filed by National Union Fire Insurance Company of Pittsburgh, PA. Source One's motion for a stay of arbitration and to vacate the interim award is DENIED, and National Union's cross-motion to confirm the interim award is GRAN TED. One issue remains: National Union's submissions are heavily redacted. (See Docket Nos. 43, 44). National Union contends that the redactions are proper because the redacted materials refer to information contained in the parties' Con fidentiality Order. (Docket No. 32). As this Court has held, however, "the mere fact that information is subject to a confidentiality agreement between litigants is not a valid basis to overcome the presumption in favor of public access to ju dicial documents." United States v. Wells Fargo Bank N.A., No. 12-CV-7527 JMF, 2015 WL 3999074, at *4(S.D.N.Y. June 30, 2015) (citing cases). Moreover, this Memorandum Opinion and Order relies on (indeed, discloses) much of the redacted cont ent, which heightens the basis for public access. Accordingly, any party that believes that the papers should remain publicly filed only in redacted form shall file a letter brief, not to exceed five pages and no later than May 31, 2017, addressin g the propriety of doing so. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (discussing the presumption in favor of public access). If no party files a brief justifying the maintenance of a particular document i n redacted form, National Union shall publicly file an un-redacted version of the document on ECF within two business days. The Clerk of Court is directed to terminate Docket Nos. 33, 39, 40, 41, and 42. Further, as there is no reason to keep the c ase open pending the arbitration, the Clerk is directed to administratively close the case without prejudice to either party moving by letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/17/17) (yv)
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Filing
28
MEMORANDUM OPINION AND ORDER: The Court exercises its authority under the FAA and the terms of the parties' arbitration agreement and appoints Elizabeth Thompson as umpire. As that is the sole relief sought by National Union, the Clerk of Cour t is directed to close the case, without prejudice to either party reopening it within thirty days if Ms. Thompson does not or cannot accept appointment as the umpire. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. (Signed by Judge Jesse M. Furman on 10/13/2016) (kgo)
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