de Souza Silva v. Pioneer Janitorial Services, Inc.

MOTION to Stay Arbitration

D. Mass.September 17, 2010

UNITED STATES DISTRICT COURT THE DISTRICT OF MASSACHUSETTS PRICILLA de SOUZA SILVA, ) ) Plaintiff, ) Civil Action No. 10-cv-11264JGD ) v. ) ) PIONEER JANITORIAL SERVICES, INC., ) ) Defendant. ) MOTION TO STAY ARBITRATION The defendant, Pioneer Janitorial Services, Inc. (“Pioneer”), moves this Court to stay the arbitration demanded by the Service Employees International Union1 – currently pending as American Arbitration Assn. Case No. 11 300 01755 10. In support of this motion, Pioneer submits a Memorandum in Support of Motion to Stay with Exhibits, the contents of which are incorporated herein by reference. WHEREFORE, Pioneer respectfully requests that this Court stay the arbitration demanded by the Service Employees International Union, pending as American Arbitration Assn. Case No. 11 300 01755 10, and grant such other and further relief as may be just. 1 Although the Union is not yet a party to this action, they have filed an unopposed motion to intervene pursuant to Fed. R. Civ. P. 24. Accordingly, this motion is being served upon counsel for the Union in anticipation that the motion to intervene will be granted. Case 1:10-cv-11264-JGD Document 12 Filed 09/17/10 Page 1 of 2 2 Respectfully submitted, PIONEER JANITORIAL SERVICES, INC., By its attorneys, Dated: September 17, 2010 By: /s/ Mark J. Ventola Mark J. Ventola, Esq. (BBO# 549570) Sheehan Phinney Bass + Green, PA 255 State Street, 5th Floor Boston, MA 02109 (617) 897-5600 CERTIFICATE OF SERVICE I, Mark J. Ventola, do hereby certify that on this 17th day of September, 2010, service of the foregoing Motion to Stay Arbitration was made upon the following by the means indicated below: By electronic and first-class mail: Tyler H. Fox, Esq. 675 Massachusetts Avenue Eighth Floor Cambridge, MA 02139 By the Court’s CM/ECF system: James A. W. Shaw Indira Talwani Louis A. Mandarini, III SHEGAL ROITMAN, LLP 111 Devonshire St., 5th Floor Boston, MA 02109 /s/ Mark J. Ventola Mark J. Ventola Case 1:10-cv-11264-JGD Document 12 Filed 09/17/10 Page 2 of 2