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S.D.N.Y.Procedural orderFiled Feb. 3, 2021

Trustees Of The New York City District Council Of Carpenters Pension Fund v…

Full caption

Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Three Guys Floor Covering Workroom Inc.

Judge
Katherine Failla
Docket
1:21-cv-00910
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil ProcedureSummary Judgment
In one sentence

In Trustees v. Three Guys, Judge Failla ordered petitioners to seek summary judgment confirming an arbitration award and serve the petition.

Who this affects

The petitioners seeking confirmation of the arbitration award and Three Guys Floor Covering Workroom Inc., the respondent.

What happened

In Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Three Guys Floor Covering Workroom Inc., the petitioners asked the court to confirm an arbitration award.

The court directed the petitioners to present that request as a motion for summary judgment, following federal and local procedural rules. The petitioners had to serve the petition electronically and by overnight mail by February 10, 2021, and file proof of service by February 17, 2021. The motion was due March 5, the opposition was due April 5, and any reply was due April 19.

Judge Katherine Polk Failla issued this scheduling order on February 3, 2021. 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
Trustees Of The New York City District Council Of Carpenters Pension Fund v… · No. 1:21-cv-00910
Judge
Katherine Failla
Date
Feb. 3, 2021

Background

The petitioners filed a petition seeking confirmation of an arbitration award. The opinion states that proceedings to confirm an arbitration award are treated like a motion for summary judgment, which is a procedure for deciding a matter when the relevant facts are not genuinely disputed.

What the Court Ordered

The court ordered the petitioners to move for confirmation of the arbitration award as a summary-judgment motion under Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York. The petition was due to be served on the respondent electronically and by overnight mail no later than February 10, 2021. The petitioners had to file an affidavit showing service by February 17, 2021. The motion was due March 5, 2021; any opposition was due April 5, 2021; and any reply was due April 19, 2021.

Disposition

Judge Katherine Polk Failla entered an order setting the procedure and deadlines for the petition. The opinion does not state that the court confirmed or rejected the arbitration award, and it does not decide the underlying dispute.

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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