Court, Explained
U.S. Federal District Courts
←Back to docket
S.D.N.Y.Procedural orderFiled Feb. 10, 2020

Drywall Tapers and Pointers of Greater New York Local Union 1974 v. ATO…

Full caption

Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO v. ATO Contracting Corp.

Judge
Gregory Woods
Docket
1:20-cv-00938
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil Procedure
In one sentence

In Drywall Tapers v. ATO Contracting, Judge Woods ordered briefing and supporting materials for a petition to confirm an arbitration award.

Who this affects

The petitioner must submit and serve supporting materials, and ATO Contracting Corp. must respond according to the deadlines set by the court. The order does not state the award’s amount or describe its underlying dispute.

What happened

Drywall Tapers and Pointers of Greater New York Local Union 1974 filed a petition asking the court to confirm an arbitration award against ATO Contracting Corp.

The court ordered the petitioner to file and serve a statement required by a local rule and any additional supporting materials by February 25, 2020. ATO Contracting’s opposition was due March 25, 2020, and the petitioner’s reply, if any, was due April 10, 2020. The petitioner also had to mail the order to ATO Contracting by first-class and certified mail.

Judge Gregory H. Woods did not decide whether to confirm the arbitration award. He issued instructions for the parties’ submissions and set deadlines.

The detailed version

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

Case
Drywall Tapers and Pointers of Greater New York Local Union 1974 v. ATO… · No. 1:20-cv-00938
Judge
Gregory Woods
Date
Feb. 10, 2020

Background

On February 4, 2020, the petitioner filed a petition to confirm an arbitration award. The opinion does not describe the award’s substance or the dispute that led to it.

Court’s Order

The court stated that proceedings to confirm an arbitration award must be treated as similar to a motion for summary judgment, which is a request for judgment based on the submitted evidence when there is no genuine dispute requiring a trial. The court therefore ordered the petitioner to file and serve a statement under Local Civil Rule 56.1, along with any additional materials supporting the petition. Those materials could include affidavits or declarations confirming that the petition’s exhibits were true and correct copies of the documents they appeared to be.

The petitioner’s materials were due February 25,

  1. ATO Contracting Corp.’s opposition was due March 25,
  2. The petitioner’s reply, if any, was due April 10,
  3. The petitioner also had to serve ATO Contracting Corp. with a copy of the order by first-class and certified mail.

Disposition and Effect

Judge Gregory H. Woods issued a procedural order directing the parties to submit materials and setting briefing deadlines. The opinion did not grant or deny the petition and did not decide whether the arbitration 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 →
Summary written with AI assistance. See how summaries are made. Spot something wrong? Tell us.