Trustees of the District Council No. 9 Painting Industry Insurance Fund v…
Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Speedo Corp.
- Ronnie Abrams
- 1:21-cv-03705
- U.S. District Court · Southern District of New York
- 2
In Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Speedo Corp., Judge Abrams ordered supporting filings for an arbitration-award confirmation petition.
The petitioners and Speedo Corp.; the petitioners must provide additional materials, meet the filing deadlines, serve Speedo Corp., and file proof of service.
What happened
Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Speedo Corp. concerns a petition asking the court to confirm an arbitration award. The petitioners had filed a complaint, but had not yet filed proof that Speedo Corp. was served.
The court ordered the petitioners to file and serve additional supporting materials by May 14, 2021. Those materials must include a certified copy of the arbitration award and sworn or certified copies of the underlying contracts. Speedo Corp.'s opposition, if any, was due June 11, and the petitioners' reply, if any, was due June 25.
Judge Ronnie Abrams also required the petitioners to serve the order on Speedo Corp. and file proof of service. The order set deadlines and required supporting documents; it did not decide whether to confirm the arbitration award.
The detailed version
- Trustees of the District Council No. 9 Painting Industry Insurance Fund v… · No. 1:21-cv-03705
- Ronnie Abrams
- Apr. 30, 2021
Background
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 complaint seeking confirmation of an arbitration award. The opinion states that the petitioners had not yet docketed an affidavit of service.
Court’s Procedure
The court explained that, in the Second Circuit, proceedings to confirm arbitration awards are treated similarly to motions for summary judgment. The court therefore ordered the petitioners to file and serve any additional materials supporting their petition by May 14, 2021. At a minimum, the materials had to include a certified copy of the arbitration award and sworn or certified copies of the underlying contracts at issue.
Speedo Corp.'s opposition, if any, was due June 11, 2021, and the petitioners' reply, if any, was due June 25, 2021. The petitioners also had to serve a copy of the order on Speedo Corp. and file proof of service on the docket.
Ruling and Effect
Judge Ronnie Abrams issued an order setting these filing and service requirements and deadlines. The opinion does not state that the court confirmed or rejected the arbitration award, so the order did not resolve the petition on its merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.