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S.D.N.Y.Procedural orderFiled Aug. 14, 2020

Trustees for The Mason Tenders District Council Welfare Fund v. S & S Kings…

Full caption

Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund v. S & S Kings Corp.

Judge
Katherine Failla
Docket
1:20-cv-06443
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureArbitrationSummary Judgment
In one sentence

In Trustees for The Mason Tenders District Council Welfare Fund v. S & S Kings Corp., Judge Failla ordered petitioners to seek arbitration-award confirmation through summary judgment.

Who this affects

The petitioners—the listed funds and Anna Gutsin—and S & S Kings Corp. were affected by the court’s filing, service, and briefing instructions.

What happened

Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund, and Anna Gutsin, filed a petition against S & S Kings Corp. to confirm an arbitration award.

The court said proceedings to confirm an arbitration award are treated like summary-judgment proceedings. It therefore required the petitioners to present their request as a motion under the federal and local summary-judgment rules, and it set deadlines for the motion, opposition, and reply.

Judge Katherine Polk Failla also ordered the petitioners to serve the petition electronically and by overnight mail and to file proof of service. The order did not decide whether the arbitration award should be confirmed.

The detailed version

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

Case
Trustees for The Mason Tenders District Council Welfare Fund v. S & S Kings… · No. 1:20-cv-06443
Judge
Katherine Failla
Date
Aug. 14, 2020

Background

On August 13, 2020, the petitioners filed a petition asking the court to confirm an arbitration award. The petitioners were the listed funds and Anna Gutsin, acting in her fiduciary capacity as Director. S & S Kings Corp. was the respondent.

Court’s Instructions

The court explained that proceedings to confirm an arbitration award must be treated like a motion for summary judgment. Summary judgment is a procedure for resolving a matter based on the governing law and undisputed evidence without a trial. The court ordered the petitioners to file a summary-judgment motion under Rule 56 of the Federal Rules of Civil Procedure and Local Civil Rule 56.1 of the Southern District of New York.

The court set these deadlines:

- Petitioners’ motion: September 18, 2020 - Respondent’s opposition, if any: October 16, 2020 - Petitioners’ reply, if any: October 30, 2020

The court also ordered the petitioners to serve the petition electronically and by overnight mail no later than August 21, 2020, and to file an affidavit confirming service no later than August 28, 2020.

Disposition

The order established the procedure and schedule for pursuing confirmation of the arbitration award. It did not rule on whether the award should be confirmed and did not grant or deny confirmation.

The authoritative version

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

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