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S.D.N.Y.Procedural orderFiled Mar. 8, 2021

Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Glass

Full caption

Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Pure Glass, LLC

Judge
Katherine Failla
Docket
1:21-cv-01922
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil ProcedureSummary Judgment
In one sentence

In Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Pure Glass, Judge Failla ordered briefing on a summary-judgment motion to confirm arbitration.

Who this affects

The petitioners and Pure Glass, LLC, because the order set the procedure and deadlines for the petition to confirm an arbitration award.

What happened

In Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Pure Glass, the petitioners asked the court to confirm an arbitration award. Judge Failla’s order did not decide whether the award should be confirmed.

The court ordered the petitioners to file a summary-judgment motion by April 7, 2021, following federal and local court rules. Pure Glass’s opposition, if any, was due May 7, and the petitioners’ reply, if any, was due May 21.

Judge Failla also ordered the petitioners to serve the petition electronically and by overnight mail by March 15 and to file proof of service by March 22. The order set the case’s next steps rather than ruling on the arbitration award.

The detailed version

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

Case
Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Glass · No. 1:21-cv-01922
Judge
Katherine Failla
Date
Mar. 8, 2021

Background

On March 5, 2021, the Trustees of the District Council No. 9 Painting Industry Insurance Fund, the Trustees of the District Council No. 9 Painting Industry Annuity Fund, and the District Council No. 9 International Union of Painters and Allied Trades AFL-CIO filed a petition asking the court to confirm an arbitration award against Pure Glass.

Court’s order

The court explained that a proceeding to confirm an arbitration award is treated like a motion for summary judgment. It therefore ordered the petitioners to seek confirmation through 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 motion was due April 7, 2021; Pure Glass’s opposition, if any, was due May 7, 2021; and the petitioners’ reply, if any, was due May 21, 2021.

The court also ordered the petitioners to serve the petition on Pure Glass electronically and by overnight mail no later than March 15, 2021, and to file an affidavit proving service no later than March 22, 2021. Judge Katherine Polk Failla did not rule on whether the arbitration award should be confirmed in this order.

The authoritative version

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

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