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S.D.N.Y.Procedural orderFiled May 31, 2020

Treasury Two Trust v. Teras Breakbulk Ocean Navigation Enterprises LLC

Judge
Gregory Woods
Docket
1:20-cv-04089
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil ProcedureSummary Judgment
In one sentence

In Treasury Two Trust v. Teras, Judge Woods ordered supporting materials and briefing for a petition to confirm an arbitration award.

Who this affects

Treasury Two Trust must provide the required supporting materials and serve the order; Teras Breakbulk Ocean Navigation Enterprises LLC is the respondent entitled to oppose the petition.

What happened

Treasury Two Trust v. Teras Breakbulk Ocean Navigation Enterprises LLC concerns Treasury Two Trust’s petition to confirm an arbitration award, filed on May 28, 2020.

The court said confirmation proceedings are handled like motions for summary judgment. It ordered Treasury Two Trust to file and serve a required statement and supporting materials by July 8, 2020, after which the respondent could oppose and the petitioner could reply.

Judge Gregory H. Woods also directed Treasury Two Trust to serve the order by first-class and certified mail and file proof of service. The order set deadlines but 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
Treasury Two Trust v. Teras Breakbulk Ocean Navigation Enterprises LLC · No. 1:20-cv-04089
Judge
Gregory Woods
Date
May 31, 2020

Background

On May 28, 2020, Treasury Two Trust filed a petition asking the court to confirm an arbitration award against Teras Breakbulk Ocean Navigation Enterprises LLC. The opinion does not describe the arbitration, the award’s amount, or the underlying dispute.

Court’s Analysis

The court stated that proceedings to confirm an arbitration award must be treated as similar to a motion for summary judgment. It therefore required the petitioner to submit materials supporting its petition, rather than ruling on confirmation at this stage.

Order and Deadlines

The court ordered Treasury Two Trust to file and serve a statement required by Local Civil Rule 56.1 and any additional supporting materials by July 8, 2020. The additional materials could include affidavits or declarations confirming that the petition’s exhibits are true and correct copies of what they purport to be.

Teras Breakbulk Ocean Navigation Enterprises LLC’s opposition was due five weeks after service of the petitioner’s moving papers. Treasury Two Trust’s reply, if any, was due two weeks after service of the opposition. The court also directed Treasury Two Trust to serve the order on the respondent by first-class and certified mail and file proof of service.

Disposition

Judge Gregory H. Woods issued a scheduling and filing order. The opinion does not state that the petition was granted or denied, and it does 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 →
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