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S.D.N.Y.Procedural orderFiled June 3, 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. Sub-Tech Services, LLC

Judge
Denise Cote
Docket
1:21-cv-04783
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil Procedure
In one sentence

In Trustees of the New York City District Council of Carpenters v. Sub-Tech Services, Judge Broderick set deadlines for briefing a petition to confirm an arbitration award.

Who this affects

The petitioners and Sub-Tech Services, LLC; the order establishes their filing, opposition, reply, and service obligations in the arbitration-award confirmation proceeding.

What happened

The Trustees of the New York City District Council of Carpenters pension, welfare, annuity, apprenticeship, journeyman retraining, educational, and industry funds asked the court to confirm an arbitration award against Sub-Tech Services, LLC. They filed the petition on May 28, 2021, but had not yet filed proof that Sub-Tech had been served.

The court explained that proceedings to confirm or overturn arbitration awards are handled similarly to motions for summary judgment. The order did not decide whether the arbitration award should be confirmed.

Judge Broderick ordered the petitioners to file and serve any additional supporting materials by June 30, 2021. Sub-Tech’s opposition, if any, was due July 28, and the petitioners’ reply, if any, was due August 11. The petitioners also had to serve the order on Sub-Tech and 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-04783
Judge
Denise Cote
Date
June 3, 2021

Background

The petitioners filed a petition on May 28, 2021, seeking confirmation of an arbitration award against Sub-Tech Services, LLC. The opinion states that the petitioners had not yet docketed an affidavit of service.

Court’s Action

The court stated that proceedings to confirm or vacate an arbitration award must be treated similarly to a motion for summary judgment. It ordered the petitioners to file and serve any additional materials supporting confirmation by June 30, 2021. Sub-Tech’s opposition, if any, was due July 28, 2021, and the petitioners’ reply, if any, was due August 11, 2021.

The court also ordered the petitioners to serve a copy of the order on Sub-Tech and file an affidavit on the court’s electronic filing system certifying that service occurred. The order set briefing and service requirements; it did not rule on whether the arbitration award should be confirmed or vacated.

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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