Trustees for The Mason Tenders District Council Welfare Fund v. Construction
Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund v. Dhother Construction, Inc.
- Alison Nathan
- 1:20-cv-05209
- U.S. District Court · Southern District of New York
- 2
In Trustees v. Dhother Construction, Judge Nathan ordered proof of service and warned that noncompliance may lead to dismissal.
The petitioners must file proof that they served the petition and the court’s July 17, 2020 order, and the parties must submit a joint briefing-schedule letter. Dhother Construction, Inc. is the respondent whose service is at issue.
What happened
Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund filed a petition asking the court to confirm an arbitration award against Dhother Construction, Inc.
The court said the petitioners had not filed proof that they served either the petition or the court’s earlier order on Dhother Construction. It ordered them to file that proof by August 31, 2020, then meet with the respondent and submit a joint proposed briefing schedule by September 8, 2020.
Judge Alison J. Nathan warned that failing to follow the order strictly may lead to dismissal of the case for failure to prosecute. The order did not decide whether the arbitration award should be confirmed.
The detailed version
- Trustees for The Mason Tenders District Council Welfare Fund v. Construction · No. 1:20-cv-05209
- Alison Nathan
- Aug. 25, 2020
Background
On July 7, 2020, the petitioners filed a petition to confirm an arbitral award. On July 17, 2020, the court set a briefing schedule and noted that the petitioners had not docketed an affidavit of service showing that they properly served Dhother Construction, Inc. The court directed the petitioners to file that proof and to serve the July 17 order on the respondent.
Court’s Order
The court found that the petitioners still had not filed affidavits of service showing that they served either the petition or the July 17 order. It directed the petitioners to file those affidavits by August 31, 2020. The parties were then directed to meet and confer about a briefing schedule and submit a joint letter by September 8, 2020.
Effect of the Order
The court warned that failure to comply strictly with the order may result in dismissal for failure to prosecute, meaning failure to move the case forward. The order did not dismiss the case and did not decide the petition’s request to confirm the arbitration award.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.