Malkin v. Shasha

Background

On November 23, 2020, the petitioners filed a motion to partly cancel and otherwise confirm an arbitration award. They also filed a motion to cancel and otherwise confirm an arbitration award. On December 7, 2020, the parties submitted a joint letter proposing a briefing schedule.

Court’s analysis

The court denied the proposed briefing schedule. It stated that a petition to cancel an arbitration award must be treated like a motion for summary judgment. Summary judgment is a procedure for deciding whether the evidence shows that a case can be resolved without a trial. The court therefore required the petitioners to present their request under Rule 56 of the Federal Rules of Civil Procedure and Local Civil Rule 56.1 of the Southern District of New York.

Order

The court ordered the petitioners to file and serve their summary-judgment motion, their required Rule 56.1 statement, the arbitration award, supporting documents, and affidavits or declarations authenticating the materials by January 11, 2021. The respondents were ordered to file their opposition and response to the Rule 56.1 statement by February 1, 2021. The petitioners could file a reply by February 8, 2021.

The court also ordered the petitioners to personally serve the petition and the order on the respondents by December 23, 2020, using the methods identified under New York Civil Practice Law and Rules § 311, and to file proof of service by December 30, 2020. The Clerk of Court was directed to terminate the motions at ECF Nos. 2 and 13. Judge Analisa Torres did not decide the underlying request to cancel or confirm the arbitration award.