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S.D.N.Y.Procedural orderFiled Dec. 3, 2020

Drywall Tapers and Pointers of Greater New York Local Union 1974 v. Falcon &…

Full caption

Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO v. Falcon & Sons Corp.

Judge
Jesse Furman
Docket
1:20-cv-10113
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil Procedure
In one sentence

In Drywall Tapers v. Falcon & Sons, Judge Furman set briefing and service deadlines for a petition to enforce an arbitration award.

Who this affects

The petitioner, Drywall Tapers and Pointers of Greater New York Local Union 1974, and the respondent, Falcon & Sons Corp., were affected by the briefing, service, and filing deadlines in the arbitration-enforcement proceeding.

What happened

Drywall Tapers and Pointers of Greater New York Local Union 1974 brought a petition against Falcon & Sons Corp. to recognize and enforce an arbitration award under the Federal Arbitration Act.

The court said it would treat the petition like a request to confirm an arbitration award, which is handled similarly to a request for summary judgment. The order did not decide whether the award should be confirmed.

Judge Jesse Furman ordered the petitioner to file and serve supporting materials by December 17, 2020. Falcon & Sons’s opposition was due January 4, 2021, and the petitioner’s reply was due January 11, 2021; the petitioner also had to file proof of service by December 18, 2020.

The detailed version

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

Case
Drywall Tapers and Pointers of Greater New York Local Union 1974 v. Falcon &… · No. 1:20-cv-10113
Judge
Jesse Furman
Date
Dec. 3, 2020

Background

On December 2, 2020, the petitioner filed a petition under Section 9 of the Federal Arbitration Act seeking recognition and enforcement of an arbitration award against Falcon & Sons Corp. The court stated that it would handle the filing as a petition to confirm an arbitration award, which is treated similarly to a motion for summary judgment.

Order

The court ordered the petitioner to file any additional supporting materials by December 17, 2020. The petitioner also had to serve the petition, supporting papers, and the order on Falcon & Sons electronically and by overnight mail by that date, then file an affidavit confirming service by December 18, 2020. Falcon & Sons’s opposition, if any, was due January 4, 2021, and the petitioner’s reply, if any, was due January 11, 2021.

Effect

Judge Jesse M. Furman issued a scheduling and service order. The opinion did not rule on the validity of the arbitration award or decide whether to confirm or enforce it.

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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