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

District Council No. 9 International Union of Painters and Allied Trades v…

Full caption

District Council No. 9 International Union of Painters and Allied Trades, A.F.L.- C.I.O. v. Speedo Corp.

Judge
Ronnie Abrams
Docket
1:20-cv-10162
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureArbitration
In one sentence

In District Council No. 9 v. Speedo, Judge Abrams ordered supporting materials and briefing for a petition to confirm an arbitration award.

Who this affects

The petitioner, District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O., and the respondent, Speedo Corp., are affected by the filing, service, and briefing deadlines.

What happened

District Council No. 9 International Union of Painters and Allied Trades, A.F.L.-C.I.O. v. Speedo Corp. concerns a complaint seeking confirmation of an arbitration award. The petitioner had not yet filed proof of service or an affidavit of service on the docket.

The court ordered the petitioner to file and serve supporting materials by January 8, 2021, including a certified copy of the arbitration award and sworn or certified copies of the underlying contracts. Speedo’s opposition, if any, was due January 15, and the petitioner’s reply, if any, was due January 21.

Judge Ronnie Abrams issued this scheduling order and required the petitioner to serve the order on Speedo and 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
District Council No. 9 International Union of Painters and Allied Trades v… · No. 1:20-cv-10162
Judge
Ronnie Abrams
Date
Dec. 14, 2020

Background

On December 3, the petitioner filed a complaint seeking confirmation of an arbitration award. The opinion states that the petitioner had not yet docketed an affidavit of service. The court explained that, in the Second Circuit, proceedings to confirm arbitration awards are treated similarly to motions for summary judgment, meaning the court reviews supporting materials and any opposition when deciding whether to grant confirmation.

Order

The court ordered the petitioner to file and serve any additional materials supporting its petition by January 8, 2021. At a minimum, those materials had to include a certified copy of the arbitration award and sworn or certified copies of the underlying contracts at issue. Speedo’s opposition, if any, was due January 15, 2021, and the petitioner’s reply, if any, was due January 21, 2021.

The petitioner also had to serve a copy of the order on Speedo and file proof of that service on the docket. The order set filing and briefing requirements; it did not rule on whether the arbitration award should be confirmed.

Disposition

Judge Ronnie Abrams entered the order requiring these additional materials, deadlines, and proof of service. The opinion does not state that the court granted or denied the petition for confirmation.

The authoritative version

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

Open opinion PDF →
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