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S.D.N.Y.Procedural orderFiled Dec. 20, 2019

Trustees Of The New York City District Council Of Carpenters Pension Fund v…

Full caption

Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Arista Plumbing, Heating & Piping Corp.

Judge
Analisa Torres
Docket
1:19-cv-11646
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureArbitration
In one sentence

In Trustees v. Arista Plumbing, Judge Torres ordered briefing and service on a petition to confirm an arbitration award.

Who this affects

The petitioners and Arista Plumbing, Heating & Piping Corp. are affected by the briefing, opposition, reply, and service deadlines in the arbitration-confirmation proceeding.

What happened

Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Arista Plumbing, Heating & Piping Corp. concerns a petition to confirm an arbitration award.

The petitioners filed the petition on December 20, 2019. The court treated the confirmation proceeding like a motion for summary judgment and set deadlines for the petitioners’ supporting materials, Arista Plumbing’s opposition, and any reply.

Judge Analisa Torres also ordered the petitioners to personally serve Arista Plumbing and the New York secretary of state, then file proof of service. The order did not decide whether to confirm the arbitration award.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Trustees Of The New York City District Council Of Carpenters Pension Fund v… · No. 1:19-cv-11646
Judge
Analisa Torres
Date
Dec. 20, 2019

Background

The petitioners filed a petition asking the court to confirm an arbitration award. The opinion states that proceedings to confirm an arbitration award are treated like a motion for summary judgment, which is a procedure for deciding whether the available materials show that judgment should be entered 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. Those materials could include legal briefs, the arbitration award, supporting documents, and affidavits or declarations stating that exhibits were true and correct copies.

Arista Plumbing’s opposition was due February 7, 2020. Any reply from the petitioners was due February 14, 2020.

The court separately ordered the petitioners to serve Arista Plumbing by January 10, 2020, using one of the methods authorized by New York law, and to serve the secretary of state under New York Business Corporation Law § 306. The petitioners had to file an affidavit confirming service by January 17, 2020.

Disposition

Judge Analisa Torres entered 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 whether the award should be confirmed.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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