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S.D.N.Y.Procedural orderFiled Jan. 7, 2022

Drywall Tapers and Pointers of Greater New York Local Union 1974 v. Painting

Full caption

Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO v. Premier Painting, Decorating & Finishing, LLC

Judge
Katherine Failla
Docket
1:21-cv-11029
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil ProcedureSummary Judgment
In one sentence

Drywall Tapers v. Premier Painting: Judge Failla ordered petitioners to seek arbitration-award confirmation through a summary-judgment motion.

Who this affects

The petitioners and Premier Painting, Decorating & Finishing, LLC, the respondent in the arbitration-award confirmation proceeding.

What happened

In Drywall Tapers and Pointers of Greater New York Local Union 1974 v. Premier Painting, Decorating & Finishing, LLC, the petitioners asked the court to confirm an arbitration award. The opinion does not describe the award’s contents or the underlying dispute.

The court ordered the petitioners to file a motion for summary judgment seeking confirmation by January 21, 2022. It also set February 4 for any opposition and February 11 for any reply, and required electronic and overnight service of the petition by January 14.

Judge Katherine Polk Failla issued this scheduling order on January 7, 2022. The order did not decide whether the arbitration award should be confirmed.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Drywall Tapers and Pointers of Greater New York Local Union 1974 v. Painting · No. 1:21-cv-11029
Judge
Katherine Failla
Date
Jan. 7, 2022

Background

On December 23, 2021, the petitioners filed a petition asking the court to confirm an arbitration award. The opinion does not state what the award decided or identify the underlying dispute’s facts.

Order

The court explained that proceedings to confirm an arbitration award are treated like a motion for summary judgment. It ordered the petitioners to seek confirmation by filing a summary-judgment motion under Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York by January 21, 2022. Any opposition from the respondent was due February 4, 2022, and any reply was due February 11, 2022.

The court also ordered the petitioners to serve the petition on the respondent electronically and by overnight mail no later than January 14, 2022, and to file proof of that service by affidavit no later than January 18, 2022.

Effect of the Order

This was a scheduling and service order. Judge Katherine Polk Failla did not rule on the merits of the petition or decide whether 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.

Open opinion PDF →
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