Resco Holdings L.L.C et al v. National Union Fire Insurance Company of Pittsburgh , P.A.
| Resco Holding L.L.C. |
| Rust Engineering & Construction Inc., Wheelabrator Technologies Holdings, Inc. and Resco Holdings L.L.C |
| National Union Fire Insurance Company of Pittsburgh, P.A. |
| 1:2019cv09384 |
| October 10, 2019 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 2, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 24
DECISION AND ORDER: Having reviewed the parties' submissions, the Court will dismiss the petition to stay arbitration. In deciding a motion to stay or dismiss an action pending arbitration, this Court must resolve all doubts "in favor of arbitration." Moses H. Cone Mem'l Hosp. v. Mercury Const. Corp., 460 U.S. 1, 24-25 (1983). The arbitration clause at issue here (the "Clause") is part of the indemnity agreements between the parties and requires the arbitration of "[a]ll disputes or differences arising out of the interpretation of this Agreement." (Dkt. No. 1-3, at 9.) Petitioners place much weight on the word "interpretation" and argue that this word narrows the Clause to interpretive matters, which do not include the "collateral matter of collection." (October 22 Letter at 2.) The Court disagrees. Even assuming the Clause is rightly categorized as "narrow," see Alfa Laval U.S. Treas. Inc. v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, 857 F. Supp. 2d 404, 409 (S.D.N.Y. 2012), the present dispute falls within its scope. "[A]rbitration clauses limited to interpretive disputes are widely understood to cover only those disputes that can be resolved by reference to the terms of the contract." AXA Versicherung AG v. New Hampshire Ins. Co., 708 F. Supp. 2d 423, 428 (S.D.N.Y. 2010). While Petitioners attempt to frame the dispute as a matter of collection and not interpretation, the point of contention is whether, and how much, Petitioners must pay Respondent. This question must be resolved by reference to the terms of the indemnity agreements. Thus, even if there are no competing calculations or interpretations at present, Petitioners' dispute requires the interpretation of the agreements. See Alfa Laval, 857 F. Supp. 2d at 413. Petitioners make two additional arguments, neither of which are availing. First, Petitioners argue that since the indemnity agreements refer to Respondent's ability to collect outstanding sums but do not specifically provide for collection matters to proceed in arbitration, it follows that collection matters must proceed outside arbitration. This argument fails for the, simple reason that the Clause requires the arbitration of "[a)ll disputes or differences." (Dkt. No. 1-3, at 9.) Second, Petitioners argue that a collection dispute is solely a factual issue and does not call for the interpretation of the agreements. This argument fails for the reasons given above. SO ORDERED. (Signed by Judge Victor Marrero on 10/30/2019) (js) Modified on 10/30/2019 (js).
|
| Transmission to Orders and Judgments Clerk. Transmitted re: #24 Order,,,,,,,,,,, to the Orders and Judgments Clerk. (js) |
|
Filing 23
ENDORSED LETTER; addressed to Judge Victor Marrero from Samuel Thomas dated 10/28/2019 re: The Agreements contain a "broad arbitration clause" which necessarily encompasses the dispute concerning Petitioners' nonpayment of their financial obligations. As such, the Petition to Stay Arbitration should be denied and the parties directed to proceed with arbitration. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by respondent. So Ordered. (Signed by Judge Victor Marrero on 10/29/2019) (js)
|
|
Filing 22
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting #17 Motion for Lucas M. Blower to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 10/23/2019) (ks)
|
|
Filing 21
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting #18 Motion for Stacy Berliner to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 10/23/2019) (ks)
|
|
Filing 20
ENDORSED LETTER addressed to Judge Victor Marrero from Andrwe W. Miller and Joshua N. Ruby dated October 22, 2019 re: letter in response to the Court's Order of October 16, 2019 (ECF No. 14). ENDORSEMENT: SO ORDERED. Respondents are directed to respond by 10-28-19 by letter not to exceed three pages, to the matter raised above by petitioners. (Signed by Judge Victor Marrero on 10/23/2019) (ks)
|
|
Filing 19
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting #16 Motion for Andrew W. Miller to Appear Pro Hac Vice. SO ORDERED. (Signed by Judge Victor Marrero on 10/23/2019) (ks)
|
| Filing 18 MOTION for Stacy Berliner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17810793. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Resco Holdings L.L.C, Rust Engineering & Construction Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Berliner, Stacy) |
| Filing 17 MOTION for Lucas Michael Blower to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17810030. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Resco Holdings L.L.C, Rust Engineering & Construction Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Blower, Lucas) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Lucas Michael Blower to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17810030. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Stacy Berliner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17810793. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 16 MOTION for Andrew Wesley Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17804172. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Resco Holdings L.L.C. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Miller, Andrew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Andrew Wesley Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17804172. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
|
Filing 15
ENDORSED LETTER addressed to Judge Victor Marrero from David D. F. Lawrence dated 10/17/2019 re: Our firm represents Petitioners Resco Holdings L.L.C. ("Resco") and Rust Engineering & Construction Inc. ("Rust") in the above- captioned matter, which action is a Petition to Stay Arbitration as to Resco, Rust, and Petitioner Wheelabrator Technologies Holdings, Inc. ("Wheelabrator"). Counsel for Wheelabrator, Joshua N. Ruby, has informed our office that on 'the PACER Docket, I am listed as counsel for Wheelabrator. This is an error as I am counsel for Resco and Rust only in this matter. The ECF Help Desk instructed our firm that the only way to have that correction noted on the ECF Docket is to write Your Honor requesting that that correction be made. By this letter, we request the Court make that correction on the ECF Docket. ENDORSEMENT: Request Granted. The Clerk of Court is directed to correct the ECF Docket as is relates to counsel representations specified above. So Ordered. (Signed by Judge Victor Marrero on 10/17/2019) (js)
|
|
Filing 14
ORDER: This case having been recently reassigned to this Court from the docket of the Honorable John Koeltl, and the parties having not yet appeared before the Court, it is hereby ordered that Petitioners submit a letter to the Court setting forth the principal issues in this case and any good-faith legal basis justifying a stay of arbitration. The letter shall be due within four business days of the date of this Order and shall not exceed three pages. Respondent may submit a letter, not to exceed three pages, responding to Petitioners' letter within four business days of receiving Petitioners' submission. Following the parties' letter-briefs the Court will, as necessary, schedule a telephone conference to provide guidance, order additional briefing, or schedule an initial conference. SO ORDERED. (Signed by Judge Victor Marrero on 10/16/2019) (ks)
|
| Filing 13 ELECTRONIC AMENDED SUMMONS ISSUED as to National Union Fire Insurance Company of Pittsburgh, P.A.. (dnh) |
| Filing 12 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA IN CARE OF CORPORATION SERVICE COMPANY, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Resco Holdings L.L.C, Rust Engineering & Construction Inc.. (Knudsen, Stephen) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stephen M. Knudsen to RE-FILE Document No. #11 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; This party was previously issued a summons. If you require a new summons you must request an Amended Summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge John G. Koeltl is no longer assigned to the case. (wb) |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA IN CARE OF CORPORATION SERVICE COMPANY, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Resco Holdings L.L.C, Rust Engineering & Construction Inc., Wheelabrator Technologies Holdings, Inc.. (Knudsen, Stephen) Modified on 10/15/2019 (dnh). |
| Filing 10 NOTICE OF APPEARANCE by Stephen M. Knudsen on behalf of Resco Holdings L.L.C, Rust Engineering & Construction Inc.. (Knudsen, Stephen) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to National Union Fire Insurance Company of Pittsburgh, P.A.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Douglas Foster Lawrence. The following case opening statistical information was erroneously selected/entered: Jury Demand code d (Defendant); County code New York;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to n (None); the County code has been modified to XX Out of State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Douglas Foster Lawrence. The party information for the following party/parties has been modified: Resco Holdings L.L.C; Rust Engineering & Construction Inc.; Wheelabrator Technologies Holdings, Inc.; National Union Fire Insurance Company of Pittsburgh, P.A.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly;. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| Filing 8 NOTICE OF APPEARANCE by Stanley K. Shapiro on behalf of Wheelabrator Technologies Holdings, Inc.. (Shapiro, Stanley) |
| Filing 7 NOTICE OF APPEARANCE by Joshua Nathaniel Ruby on behalf of Wheelabrator Technologies Holdings, Inc.. (Ruby, Joshua) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST DUPLICATE ENTRY - REQUEST FOR ISSUANCE OF SUMMONS as to National Union Fire Insurance Company of Pittsburgh, PA., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Resco Holding L.L.C., Rust Engineering & Construction Inc., Wheelabrator Technologies Holdings, Inc.. (Lawrence, David) Modified on 10/11/2019 (jgo). |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to National Union Fire Insurance Company of Pittsburgh, PA., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Resco Holding L.L.C., Rust Engineering & Construction Inc., Wheelabrator Technologies Holdings, Inc.. (Lawrence, David) |
| Filing 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MIP IV Holdings, L.P. for Wheelabrator Technologies Holdings, Inc.. Document filed by Wheelabrator Technologies Holdings, Inc..(Lawrence, David) |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Waste Management, Inc. for Resco Holding L.L.C., Rust Engineering & Construction Inc.. Document filed by Resco Holding L.L.C., Rust Engineering & Construction Inc..(Lawrence, David) |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Exhibit)(Lawrence, David) |
| Filing 1 PETITION TO STAY ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-17750218).Document filed by Wheelabrator Technologies Holdings, Inc., Rust Engineering & Construction Inc., Resco Holding L.L.C.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Lawrence, David) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
