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IN RE ARBITRATION OF DISPUTES

United States District Court, S.D. New York


February 27, 2004.

In the Matter of ARBITRATION OF DISPUTES between LAUNDRY, DRY CLEANING WORKERS AND ALLIED INDUSTRIES HEALTH FUND UNITE LAUNDRY, DRY CLEANING WORKERS AND ALLIED INDUSTRIES RETIREMENT FUND UNITE Petitioners, and CLEANER AMERICA, INC., Respondent

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

DEFAULT JUDGMENT

The Laundry, Dry Cleaning Workers and Allied Industries Health Fund UNITE, Laundry, Dry Cleaning Workers and Allied Industries Retirement Fund UNITE (hereinafter, the "Petitioners") having commenced the within action on November 5, 2003 by filing a Petition to Confirm the Arbitration Award of Philip Ross, dated July 2, 2003 (hereinafter, the "Petition") and Cleaner America, Inc. (hereinafter, the "Respondent") having been duly served on November 12, 2003 with a copy of the Petition and copies of papers in support of the Petition by certified mail, return receipt requested and proofs of service having been filed on November 13, 2003 and Respondent having failed to appear, answer or otherwise move with respect to the Petition,

NOW, THEREFORE, upon application of the Petitioners and upon reading the annexed Affidavit of Judith Greenspan, Esq. duly sworn the 23rd day of February 2004 and the Certificate of J. Michael McMahon, Clerk of Court, United States District Court for the Southern District of New York, noting the default of the above named Respondent for failure to appear, answer or otherwise move with respect to the Petition, it is hereby,

  ORDERED AND ADJUDGED, that the Arbitration Award of Philip Ross, dated July 2, 2003, be confirmed; it is further,

  ORDERED, ADJUDGED AND DECREED, that Petitioners have Judgment against Respondent on the Award and be directed to furnish to the Petitioners forthwith copies of Quarterly Earning Statements listing gross earning and total hours supporting the earnings of each employee listed by complete name and social security number for the periods ending December 31, 1996; March 31, 1997 through December 31, 1997; December 31, 2002 through March 31, 2003, payroll records including but not limited to social security quarterly reports, weekly payroll journals, state employment insurance records, cash disbursements book, production of summary quarterly reports and any other books or records which are required to determine the Respondents liability to the Petitioners through July 2, 2003 plus incidental costs, in the sum of $282.00.

20040227

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