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S.D.N.Y.Procedural orderFiled Mar. 25, 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. Nav Tech Construction Corp.

Judge
Analisa Torres
Docket
1:21-cv-02502
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureArbitrationSummary Judgment
In one sentence

In Trustees of the New York City District Council of Carpenters Pension Fund v. Nav Tech Construction Corp., Judge Torres set deadlines for an arbitration-confirmation petition.

Who this affects

The petitioners seeking confirmation of the arbitration award and Nav Tech Construction Corp., which was directed to respond to the petition.

What happened

Trustees of the New York City District Council of Carpenters Pension Fund and other petitioners asked the court to confirm an arbitration award against Nav Tech Construction Corp.

The court said that a petition to confirm an arbitration award is handled much like a request for summary judgment. It ordered the petitioners to submit supporting materials and a statement of undisputed facts, allowed Nav Tech to oppose the petition, and allowed the petitioners to reply.

Judge Analisa Torres also ordered the petitioners to personally serve Nav Tech and the New York secretary of state, and to file proof of service. The order set deadlines but did not decide whether to confirm the arbitration award.

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-02502
Judge
Analisa Torres
Date
Mar. 25, 2021

Background

On March 23, 2021, the petitioners filed a petition asking the court to confirm an arbitration award. The opinion does not describe the underlying dispute or the award's terms.

Court’s directions

The court explained that proceedings to confirm an arbitration award are treated like a motion for summary judgment. It directed the petitioners, by April 22, 2021, to file and serve a statement under Local Civil Rule 56.1 and any additional supporting materials, including legal memoranda, the arbitration award, supporting documents, and affidavits or declarations stating that the exhibits are true and correct copies.

Nav Tech Construction Corp. was given until May 6, 2021, to file opposition papers. Any reply from the petitioners was due May 13, 2021.

Service requirements and disposition

By April 8, 2021, the petitioners had to serve the petition and the order on Nav Tech through an authorized person identified in New York Civil Practice Law and Rules § 311, and serve the secretary of state under New York Business Corporation Law § 306. By April 15, 2021, the petitioners had to file an affidavit confirming service.

The order established briefing and service requirements. It did not grant or deny the petition to confirm the arbitration award and did not reach the merits of that request.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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