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S.D.N.Y.Procedural orderFiled Feb. 11, 2020

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. Jas Construction Co., Inc. A/K/A Sunny Professional Services, Inc.

Judge
Ronnie Abrams
Docket
1:20-cv-01001
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil Procedure
In one sentence

In Trustees v. Jas Construction, Judge Abrams ordered more supporting documents for a petition to confirm an arbitration award.

Who this affects

The petitioners seeking confirmation of the arbitration award and Jas Construction Co., Inc., also known as Sunny Professional Services, Inc., the respondent.

What happened

Trustees of the New York City District Council of Carpenters and related organizations asked the court to confirm an arbitration award against Jas Construction Co., Inc., also known as Sunny Professional Services, Inc.

The court had not yet decided whether to confirm the award. It explained that these proceedings are handled like a request for summary judgment and required the petitioners to provide additional supporting materials, including a certified arbitration award and certified or sworn copies of the underlying contracts.

Judge Ronnie Abrams ordered the petitioners to serve those materials by February 26, 2020, set March 9 for any opposition and March 23 for any reply, and required proof that the order was served. The order did not rule on the petition’s merits.

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. 1:20-cv-01001
Judge
Ronnie Abrams
Date
Feb. 11, 2020

Background

The petitioners filed a complaint seeking confirmation of an arbitration award. Confirmation is the court process for asking a court to enter judgment enforcing an arbitration award. The opinion states that confirmation proceedings in the Second Circuit are treated similarly 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.

Order

The court ordered the petitioners to file and serve any additional materials supporting their petition by February 26, 2020. At a minimum, the materials had to include a certified copy of the arbitration award and sworn or certified copies of the underlying contracts. Any opposition from the respondent was due March 9, 2020, and any reply from the petitioners was due March 23, 2020. The petitioners also had to serve the order on the respondent and file proof of service.

Effect

This order set filing and service requirements for the confirmation proceeding. It did not confirm or reject the arbitration award and did not otherwise decide the petition’s merits.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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