Trustees of the District Council No. 9 Painting Industry Insurance Fund v…
Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Inniss Construction Inc.
- Analisa Torres
- 1:19-cv-11289
- U.S. District Court · Southern District of New York
- 1
In Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Inniss Construction, Judge Torres set deadlines without deciding the arbitration petition.
The petitioners, including the two trustees and the District Council No. 9 International Union of Painters and Allied Trades, had to meet the filing and service deadlines; Inniss Construction Inc. was given a deadline to oppose the petition.
What happened
Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Inniss Construction Inc. concerns a petition asking the court to confirm an arbitration award. The opinion does not decide whether the award should be confirmed.
The court ordered the petitioners to file supporting materials and a statement under the local summary-judgment rule by January 17, 2020. Inniss Construction Inc. could oppose the petition by February 7, and the petitioners could reply by February 14.
Judge Analisa Torres also ordered the petitioners to personally serve the petition and order on an authorized representative of Inniss Construction Inc. by January 10 and file proof of service by January 17. The order set the case schedule but did not grant or deny the petition.
The detailed version
- Trustees of the District Council No. 9 Painting Industry Insurance Fund v… · No. 1:19-cv-11289
- Analisa Torres
- Dec. 20, 2019
Background
The petitioners filed a petition to confirm an arbitration award. The court stated that proceedings to confirm an arbitration award are treated similarly to a motion for summary judgment, which is a request for judgment based on the submitted evidence without a trial.
Orders and Deadlines
The court ordered the petitioners to file and serve a statement under Local Civil Rule 56.1 and any additional supporting materials by January 17, 2020. The materials could include memoranda of law, the arbitration award, supporting documents, and affidavits or declarations stating that exhibits are true and correct copies.
Inniss Construction Inc. was ordered to file any opposition by February 7, 2020. The petitioners' reply, if any, was due February 14, 2020.
The court separately ordered the petitioners to serve the petition and the order on Inniss Construction Inc. by January 10, 2020, through personal service on an officer, director, managing or general agent, cashier or assistant cashier, or another agent authorized to receive service under New York Civil Practice Law and Rules § 311. The petitioners also had to file an affidavit of service by January 17, 2020.
Disposition
Judge Analisa Torres issued a scheduling and service order. The opinion does not state that the court granted or denied the petition to confirm the arbitration award, and it does not decide the merits of that petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.