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S.D.N.Y.Procedural orderFiled May 10, 2022

Apex Nevada Solar, LLC v. Changzhou Trina Solar Energy Co., Ltd.

Judge
Analisa Torres
Docket
1:22-cv-03241
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil Procedure
In one sentence

In Apex Nevada Solar v. Changzhou Trina Solar, Judge Torres set briefing and service deadlines for a petition to confirm an arbitration award.

Who this affects

Apex Nevada Solar, LLC and Changzhou Trina Solar Energy Co., Ltd.; the order establishes deadlines for their filings and service.

What happened

Apex Nevada Solar, LLC asked the court to confirm an arbitration award against Changzhou Trina Solar Energy Co., Ltd. The order did not decide whether the award should be confirmed.

The court set deadlines for the parties’ filings. Apex Nevada Solar must file supporting materials and serve the petition and order on Changzhou Trina Solar by the specified dates; Changzhou Trina Solar may oppose the petition, and Apex Nevada Solar may reply.

Judge Torres also required Apex Nevada Solar to file proof of service. The order set the schedule and service requirements but made no ruling on the petition’s merits.

The detailed version

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

Case
Apex Nevada Solar, LLC v. Changzhou Trina Solar Energy Co., Ltd. · No. 1:22-cv-03241
Judge
Analisa Torres
Date
May 10, 2022

Background

Apex Nevada Solar, LLC filed a petition asking the court to confirm an arbitration award. The order states that proceedings to confirm an arbitration award are treated like a motion for summary judgment.

Court’s Orders

The court ordered Apex Nevada Solar to file and serve a statement under Local Civil Rule 56.1 and any additional supporting materials by June 9, 2022. Those materials could include legal memoranda, the arbitration award, supporting documents, and affidavits or declarations confirming that exhibits are genuine copies of what they claim to be.

The court ordered Changzhou Trina Solar Energy Co., Ltd. to file opposition papers by June 30, 2022. Apex Nevada Solar could file a reply by July 14, 2022.

The court separately ordered Apex Nevada Solar to personally serve the petition and the order on an authorized representative of Changzhou Trina Solar by May 16, 2022, under New York Civil Practice Law and Rules § 311. Apex Nevada Solar had to file an affidavit proving service by May 20, 2022.

Disposition

The court issued a scheduling and service order. It did not decide whether to confirm the arbitration award or otherwise resolve the petition.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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