District Council No. 9 International Union of Painters and Allied Trades v…

Background

On December 12, 2019, the District Council filed a petition to confirm an arbitration award. The court served Phoenix Interior Contracting Co., Inc., also identified as Phoenix Interior Contracting, with the petition, supporting materials, and a briefing schedule. Phoenix’s opposition was due January 20, 2020, but it neither responded nor sought other relief from the award.

Court’s Analysis

The court explained that an unopposed petition to confirm an arbitration award must still be treated like a motion for summary judgment based on the petitioner’s submissions. After reviewing those submissions, the court found no genuine issue of material fact preventing summary judgment as to any part of the award. It also found that the arbitrator’s decision provided more than a “barely colorable justification for the outcome reached.” In addition, the court found no justification under Section 10(a) of the Federal Arbitration Act for vacating the award.

The District Council also requested attorney’s fees and costs incurred in bringing the petition. The court did not determine that request in this order. Instead, it directed the District Council to submit, within one week, an accounting of the requested fees and costs and a letter addressing the reasonableness and necessity of the hours, rates, and litigation costs.

Disposition

Judge Jesse M. Furman granted the District Council’s unopposed petition to confirm the entire arbitration award. The court directed the District Council to file its proposed judgment electronically by January 24, 2020.