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S.D.N.Y.Procedural orderFiled May 24, 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. Inniss Construction, Inc.

Judge
Katherine Failla
Docket
1:21-cv-04582
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil Procedure
In one sentence

Trustees v. Iniss Construction: Judge Failla ordered petitioners to seek arbitration-award confirmation through a summary-judgment motion and set deadlines.

Who this affects

The petitioners and Iniss Construction, Inc., the respondent in the arbitration-award confirmation proceeding.

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. Iniss Construction, Inc., petitioners filed a petition to confirm an arbitration award.

The court said that proceedings to confirm an arbitration award are handled much like a motion for summary judgment. It did not decide whether the award should be confirmed.

Judge Katherine Polk Failla ordered petitioners to file a summary-judgment motion by June 23, 2021, and set deadlines for the respondent's opposition and petitioners' reply. She also ordered petitioners to serve the petition electronically and by overnight mail and to file proof of service.

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-04582
Judge
Katherine Failla
Date
May 24, 2021

Background

On May 21, 2021, the petitioners filed a petition seeking confirmation of an arbitration award. The opinion does not describe the underlying dispute or the award's terms.

Court’s Order

The court explained that proceedings to confirm an arbitration award are treated as similar to a motion for summary judgment. It therefore ordered the petitioners to move for confirmation of the arbitration award under Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York.

The petitioners' motion was due June 23, 2021. The respondent's opposition, if any, was due July 23, 2021, and the petitioners' reply, if any, was due August 6, 2021. The court also ordered the petitioners to serve the petition electronically and by overnight mail by June 1, 2021, and to file an affidavit confirming service by June 8, 2021.

Disposition

This order set the procedure and deadlines for the petition; it did not grant or deny confirmation of the arbitration award. Judge Katherine Polk Failla entered the order on May 24, 2021.

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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