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S.D.N.Y.Procedural orderFiled May 24, 2022

Trustees of the Mason Tenders Distrcit Council Welfare Fund v. Restoration

Full caption

Trustees of the Mason Tenders Distrcit Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. Ameri Restoration, Inc.

Judge
Katherine Failla
Docket
1:22-cv-04161
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureArbitrationSummary Judgment
In one sentence

In Trustees of the Mason Tenders District Council Welfare Fund v. Ameri Restoration, Judge Failla ordered arbitration-award confirmation through a summary-judgment motion.

Who this affects

The petitioners—the listed funds, Mike Hellstrom, and Anna Gustin—and Ameri Restoration, Inc. The order sets deadlines for the petitioners' motion and Ameri Restoration's possible response and requires service of the petition.

What happened

In Trustees of the Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. Ameri Restoration, Inc., the petitioners filed a petition to confirm an arbitration award on May 20, 2022.

The court directed the petitioners to present their request as a motion for summary judgment and set deadlines for the motion, any opposition, and any reply. It also ordered the petitioners to serve the petition electronically and by overnight mail and file proof of service.

Judge Katherine Polk Failla issued the May 24, 2022 order. The order set procedures and deadlines; it did not decide whether to confirm the arbitration award.

The detailed version

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

Case
Trustees of the Mason Tenders Distrcit Council Welfare Fund v. Restoration · No. 1:22-cv-04161
Judge
Katherine Failla
Date
May 24, 2022

Background

The petitioners filed a petition to confirm an arbitration award on May 20, 2022. The opinion states that proceedings to confirm an arbitration award are treated like a motion for summary judgment. Summary judgment is a procedure for deciding a matter when the applicable legal standard is met based on the record, rather than through a trial.

Order

The court ordered the petitioners to move for confirmation of the arbitration award as 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. The motion was due June 21, 2022; Ameri Restoration's opposition, if any, was due July 19, 2022; and the petitioners' reply, if any, was due August 2, 2022.

The court also ordered the petitioners to serve the petition on the respondent electronically and by overnight mail no later than May 31, 2022, and to file an affidavit confirming service no later than June 7, 2022.

Disposition

Judge Katherine Polk Failla issued a scheduling and service order. The opinion does not state that the court confirmed or rejected the arbitration award, and it does not resolve the underlying dispute.

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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