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S.D.N.Y.Procedural orderFiled Aug. 25, 2022

Trustees Of The New York City District Council Of Carpenters Pension Fund v. M…

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. M & RR Construction Corp.

Judge
Vernon Broderick
Docket
1:22-cv-06467
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureArbitration
In one sentence

In Trustees v. M & RR Construction, Magistrate Judge Cave extended the respondent’s deadline to answer a petition seeking confirmation of an arbitration award.

Who this affects

The order directly affected M & RR Construction Corp. by extending its deadline to respond, and it required the petitioners to serve the order and file proof of service.

What happened

Trustees of the New York City District Council of Carpenters funds and related entities asked the court to confirm an arbitration award against M & RR Construction Corp. The petition was served on August 2, 2022, but M & RR had not appeared or responded.

The court extended M & RR’s response deadline to September 9, 2022. It also ordered the petitioners to promptly serve the order and file proof of service by August 29, 2022.

Magistrate Judge Sarah L. Cave cautioned that failing to respond could lead the court to treat the petition as an unopposed motion for summary judgment. The order 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 New York City District Council Of Carpenters Pension Fund v. M… · No. 1:22-cv-06467
Judge
Vernon Broderick
Date
Aug. 25, 2022

Background

The petitioners filed a petition asking the court to confirm an arbitration award. The matter had been referred to Magistrate Judge Sarah L. Cave to issue a report and recommendation concerning the petition. The petition was served on M & RR Construction Corp. on August 2, 2022. The respondent had not appeared or responded by the date of this order.

Order

The court extended the respondent’s deadline to respond, effective as of the original deadline, to Friday, September 9, 2022. The court cautioned that failing to appear or respond could result in treating the petition as an unopposed motion for summary judgment. The court also ordered the petitioners to promptly serve a copy of the order on the respondent and file proof of service by Monday, August 29, 2022.

What the Order Did Not Decide

The order did not decide whether the arbitration award should be confirmed. It was a scheduling and service order concerning the respondent’s opportunity to respond.

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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