Trustees for The Mason Tenders District Council Welfare Fund v. Tri State…
Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund v. Tri State Construction & Masonry Inc.
- Katherine Failla
- 1:20-cv-02642
- U.S. District Court · Southern District of New York
- 2
In Trustees v. Tri State Construction & Masonry, Judge Failla ordered briefing on petitioners’ request to confirm an arbitration award.
The petitioners and Tri State Construction & Masonry Inc.; the order sets the procedure and deadlines for the petitioners’ request to confirm an arbitration award.
What happened
Trustees for the Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund, Anna Gutsin, and Robert Bonanza filed a petition asking the court to confirm an arbitration award against Tri State Construction & Masonry Inc.
The court directed the petitioners to present the request as a motion for summary judgment under Rule 56 and the court’s local rules. It also set deadlines for the motion, any opposition, and any reply.
Judge Katherine Polk Failla ordered the petitioners to serve the petition electronically and by overnight mail and to file proof of service. The order did not decide whether to confirm the arbitration award.
The detailed version
- Trustees for The Mason Tenders District Council Welfare Fund v. Tri State… · No. 1:20-cv-02642
- Katherine Failla
- Mar. 31, 2020
Background
The petitioners—the listed welfare, pension, annuity, and training-program funds; Anna Gutsin, acting as a fiduciary and director; and Robert Bonanza, identified as the business manager of the Mason Tenders District Council of Greater New York—filed a petition to confirm an arbitration award. The opinion states that the petition was filed on March 29, 2020.
Court’s Order
The court stated that proceedings to confirm an arbitration award are treated like a motion for summary judgment. It ordered the petitioners to move for confirmation under Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York by April 20, 2020. Tri State Construction & Masonry Inc.’s opposition, if any, was due May 11, 2020, and the petitioners’ reply, if any, was due May 25, 2020.
The court also ordered the petitioners to serve the petition electronically and by overnight mail no later than April 6, 2020, and to file an affidavit confirming that service no later than April 12, 2020. Judge Katherine Polk Failla did not rule on whether the arbitration award should be confirmed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.