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S.D.N.Y.Procedural orderFiled Apr. 9, 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. Q.C. Contracting Corp.

Judge
Gregory Woods
Docket
1:21-cv-02985
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil ProcedureSummary Judgment
In one sentence

In Trustees v. Q.C. Contracting Corp., Judge Woods ordered additional filings and service before considering the petition to confirm arbitration award.

Who this affects

The petitioners and Q.C. Contracting Corp.; the order imposed filing, service, and response deadlines but did not decide the petition’s merits.

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. Q.C. Contracting Corp., the petitioners asked the court to confirm an arbitration award. They filed the petition and supporting materials on April 7, 2021.

The court said that a petition to confirm an arbitration award is handled like a motion for summary judgment. It ordered the petitioners to file and serve a legal memorandum, a statement required by Local Civil Rule 56.1, and any additional supporting materials, including affidavits or declarations confirming that the exhibits are genuine copies. The petitioners also had to serve the order on Q.C. Contracting Corp. and file proof of service by April 16, 2021.

The court set June 11, 2021, for the respondent’s opposition and gave the petitioners two weeks after service of the opposition to file any reply. Judge Gregory H. Woods did not decide whether to confirm the arbitration award in this order.

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-02985
Judge
Gregory Woods
Date
Apr. 9, 2021

Background

On April 7, 2021, the petitioners filed a petition asking the court to confirm an arbitration award. They attached supporting exhibits. The order does not describe the underlying dispute or the arbitration award’s terms.

Court’s Analysis

The court explained that proceedings to confirm an arbitration award must be treated as similar to a motion for summary judgment. The court therefore required the petitioners to submit the materials ordinarily required for summary-judgment consideration, including a memorandum of law, a statement under Local Civil Rule 56.1, and any additional materials they intended to use in support of the petition. The court specifically identified affidavits or declarations confirming that the petition’s exhibits were true and correct copies of what they claimed to be.

Order and Deadlines

The petitioners had to file and serve the required materials by April 16, 2021. Q.C. Contracting Corp.’s opposition was due by June 11, 2021. Any reply from the petitioners was due two weeks after service of the opposition. The petitioners also had to serve a copy of the order on Q.C. Contracting Corp. and file an affidavit proving that service by April 16, 2021.

Judge Gregory H. Woods issued a procedural order directing further filings and service. The order did not grant or deny the petition to confirm the arbitration award.

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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