Trustees Of The New York City District Council Of Carpenters Pension Fund v. B…
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. B and S Construction, Inc.
- Lorna Schofield
- 1:22-cv-03340
- U.S. District Court · Southern District of New York
- 1
In Trustees v. B and S Construction, Judge Schofield treated an unanswered arbitration petition as an unopposed summary-judgment motion.
The plaintiffs seeking confirmation of the arbitration award and B and S Construction, Inc., which had not appeared or responded by the stated deadline.
What happened
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. B and S Construction, Inc. concerns a petition to confirm an arbitration award.
B and S Construction, Inc. was served but had not appeared by the deadline to answer, file a motion, or otherwise respond. The court explained that unanswered petitions to confirm or overturn arbitration awards are generally handled as unopposed motions for summary judgment rather than through default judgments.
Judge Lorna G. Schofield ordered that the petition be treated as an unopposed motion for summary judgment. The motion was deemed fully briefed and would be decided based on the papers already filed; this order did not itself decide whether the arbitration award should be confirmed.
The detailed version
- Trustees Of The New York City District Council Of Carpenters Pension Fund v. B… · No. 1:22-cv-03340
- Lorna Schofield
- May 20, 2022
Background
The plaintiffs filed a petition asking the court to confirm an arbitration award. B and S Construction, Inc. was served on April 27, 2022, but had not appeared. Its deadline to answer, file a motion, or otherwise respond was May 18, 2022.
Court’s Analysis
The court stated that default judgments are generally inappropriate in proceedings to confirm or overturn arbitration awards. Instead, an unanswered petition should be treated as an unopposed motion for summary judgment, which is a request for judgment based on the filed materials when there is no opposing response.
Order
The court ordered that the petition be treated as an unopposed motion for summary judgment. The plaintiffs’ motion was deemed fully briefed and would be decided on the papers already filed. The order did not decide the petition’s merits or state whether the arbitration award would be confirmed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.
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