794 Fed.Appx. 138 (2nd Cir. 2020), 19-798, Agarunova v. Stella Orton Home Care Agency, Inc.

Docket Nº:19-798
Citation:794 Fed.Appx. 138
Party Name:Maral AGARUNOVA, Plaintiff-Appellee, v. The STELLA ORTON HOME CARE AGENCY, INC.,[1] Defendant-Appellant.
Attorney:Appearing for Appellant: Philip K. Davidoff, FordHarrison LLP, New York N.Y. Appearing for Appellee: Tiasha Palikovic, Wittels Law PC, (Steven L. Wittels, J. Burkett McInturff, on the brief), Armonk, N.Y.
Judge Panel:Present: ROSEMARY S. POOLER, GERARD E. LYNCH, Circuit Judges, JESSE M. FURMAN, Judge.
Case Date:February 24, 2020
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit

Page 138

794 Fed.Appx. 138 (2nd Cir. 2020)

Maral AGARUNOVA, Plaintiff-Appellee,

v.

The STELLA ORTON HOME CARE AGENCY, INC.,1 Defendant-Appellant.

No. 19-798

United States Court of Appeals, Second Circuit

February 24, 2020

Editorial Note:

This case was not selected for publication in the Federal Reporter and Not to be Cited as Precedent. (See Federal Rule of Appellate Procedure Rule 32.1)

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

Appeal from the United States District Court for the Eastern District of New York (Brodie, J. ).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of said District Court be and it hereby is AFFIRMED.

Appearing for Appellant: Philip K. Davidoff, FordHarrison LLP, New York N.Y.

Appearing for Appellee: Tiasha Palikovic, Wittels Law PC, (Steven L. Wittels, J. Burkett McInturff, on the brief), Armonk, N.Y.

Present: ROSEMARY S. POOLER, GERARD E. LYNCH, Circuit Judges, JESSE M. FURMAN, Judge.2

SUMMARY ORDER

Defendant-Appellant The Stella Orton Home Care Agency, Inc. appeals from the March 25, 2019 order of the United States District Court for the Eastern District of New York (Brodie, J .) denying its motion to compel arbitration as to Agarunova and stay the action. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

Plaintiff-Appellee Agarunova is a former employee of Stella Orton and was a member of the 1199SEIU United Healthcare Workers East, a union that represented a bargaining unit of which Agarunova was part, and that had negotiated a 2012 collective bargaining agreement ("2012 CBA") and other memoranda of agreement extending and modifying the 2012 CBA. The 2012 CBA included an arbitration clause that required arbitration of disputes about the interpretation and application of the CBA, but that (the parties agree) did not require arbitration of disputes arising under federal and state laws. In June 2014, as relevant here, Stella Orton and the union entered into a memorandum of agreement ("2014 MOA") reflecting their intention, "given changes in federal and state law imposing new obligations on the Employer," App’x at 87, to continue negotiations in order to implement an alternative dispute resolution provision that would cover claims under such laws. Stella Orton and 1199SEIU eventually agreed to an alternative dispute...

To continue reading

FREE SIGN UP
1 practice notes
  • Troshin v. Stella Orton Home Care Agency, Inc., 091120 NYMISC, 2020-51042
    • United States
    • 11 Septiembre 2020
    ...v Caring Professionals, Inc., 172 A.D.3d 486 [1st Dept 2019]; accord Agarunova v Stella Orton Home Care Agency, Inc., 794 Fed.Appx. 138, 140 [2d Cir This court does not agree with Stella Orton's contention that the conclusion of those cases is inconsistent with the&......
1 cases
  • Troshin v. Stella Orton Home Care Agency, Inc., 091120 NYMISC, 2020-51042
    • United States
    • 11 Septiembre 2020
    ...v Caring Professionals, Inc., 172 A.D.3d 486 [1st Dept 2019]; accord Agarunova v Stella Orton Home Care Agency, Inc., 794 Fed.Appx. 138, 140 [2d Cir This court does not agree with Stella Orton's contention that the conclusion of those cases is inconsistent with the&......