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S.D.N.Y.Procedural orderFiled Dec. 4, 2020

Whittaker v. MHR Fund Management LLC

Judge
Analisa Torres
Docket
1:20-cv-07599
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil ProcedureSummary Judgment
In one sentence

In Whittaker v. MHR Fund Management LLC, Judge Analisa Torres ordered parties to exchange and file statements under Rule 56.1 before arbitration petition review.

Who this affects

Keith Whittaker and the respondents named in the petition were required to exchange and file factual statements under the court’s schedule.

What happened

In Whittaker v. MHR Fund Management LLC, Keith Whittaker filed a petition asking the court to vacate, modify, or confirm an arbitration award.

The order explains that petitions involving arbitration awards are handled similarly to requests for a ruling based on undisputed facts. It therefore required the parties to follow federal and local procedures for presenting those facts.

Judge Analisa Torres ordered the parties to exchange their required statements by December 14, 2020, and file the statements and responses by December 22, 2020. The order did not decide whether the arbitration award should be vacated, modified, or confirmed.

The detailed version

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

Case
Whittaker v. MHR Fund Management LLC · No. 1:20-cv-07599
Judge
Analisa Torres
Date
Dec. 4, 2020

Background

Keith Whittaker filed a petition seeking to vacate, modify, or confirm an arbitration award against MHR Fund Management LLC and the other named respondents.

Court’s analysis

The court stated that a petition to vacate, modify, or confirm an arbitration award must be treated similarly to a motion for summary judgment, which asks whether the record shows any genuine dispute about important facts. The parties therefore had to proceed under Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York.

Ruling

Judge Analisa Torres ordered the parties to exchange their Rule 56.1 statements by December 14, 2020. The parties had to file their statements and responses on the docket by December 22, 2020. The order did not rule on the petition’s request to vacate, modify, or confirm the arbitration award.

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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