Trustees Of The New York City District Council Of Carpenters Pension Fund v…
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. Regal USA Concrete Inc.
- John Cronan
- 1:22-cv-08202
- U.S. District Court · Southern District of New York
- 2
In Trustees v. Regal USA Concrete, Judge Cronan set deadlines for opposing a petition to confirm an arbitration award.
The petitioners seeking confirmation of the arbitration award and Regal USA Concrete Inc., which was ordered to respond and to receive service of the order.
What happened
Trustees of the New York City District Council of Carpenters funds filed a petition asking the court to confirm an arbitration award. Regal USA Concrete had not appeared or opposed the petition.
The court ordered Regal USA Concrete to file any opposition by December 6, 2022, and allowed the petitioners to reply by December 20, 2022. If Regal did not respond, the court would treat the petition as an unopposed motion for summary judgment.
Judge John P. Cronan also required the petitioners to serve the order on Regal by electronic delivery and overnight mail and to file proof of service. The order set procedures and deadlines; it did not decide whether to confirm the arbitration award.
The detailed version
- Trustees Of The New York City District Council Of Carpenters Pension Fund v… · No. 1:22-cv-08202
- John Cronan
- Nov. 16, 2022
Background
On September 26, 2022, the petitioners filed a petition to confirm an arbitration award. The opinion states that Regal USA Concrete Inc. had not appeared in the action or filed an opposition.
Order
The court ordered Regal to file any opposition by December 6, 2022. If Regal failed to respond, the petition to confirm the arbitration award would be treated as an unopposed motion for summary judgment. The petitioners could file a reply by December 20, 2022.
The court also explained that requests to extend deadlines or adjourn appearances had to be made by letter-motion filed on the court’s electronic filing system at least 48 hours, or two business days, before the deadline or scheduled appearance, absent compelling circumstances. The request had to provide specified information about the original and requested dates, reasons, earlier requests, their outcomes, and opposing counsel’s position.
The petitioners were ordered to serve the order on Regal electronically and by overnight mail by November 17, 2022, and to file an affidavit of service by November 20, 2022.
Disposition and Effect
Judge John P. Cronan issued a scheduling and service order. The order did not grant or deny the petition to confirm the arbitration award and did not make a final ruling on the award’s validity.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.