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S.D.N.Y.Procedural orderFiled Nov. 21, 2022

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

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. Rashel Construction Corp.

Judge
Katherine Failla
Docket
1:22-cv-09854
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationSummary JudgmentCivil Procedure
In one sentence

In Trustees v. Rashel Construction, Judge Failla ordered the petitioners to seek confirmation of an arbitration award through a summary-judgment motion.

Who this affects

The petitioners—several New York City carpenters’ funds and the Carpenter Contractor Alliance of Metropolitan New York—and Rashel Construction Corp. The order primarily sets the petitioners’ filing and service obligations and Rashel Construction Corp.’s response deadlines.

What happened

Trustees of several New York City carpenters’ funds and the Carpenter Contractor Alliance filed a petition asking the court to confirm an arbitration award against Rashel Construction Corp.

The court explained that requests to confirm arbitration awards are handled like summary-judgment motions. It directed the petitioners to serve the petition electronically and by overnight mail and to file proof of service.

Judge Katherine Polk Failla ordered the petitioners to file a summary-judgment motion by December 7, 2022. The order set December 23 for any opposition and January 3, 2023, for any reply; it did not decide whether to confirm the 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… · No. 1:22-cv-09854
Judge
Katherine Failla
Date
Nov. 21, 2022

Background

On November 18, 2022, the petitioners filed a petition asking the court to confirm an arbitration award. The opinion states that proceedings to confirm an arbitration award must be treated like a motion for summary judgment.

Court’s Order

The court ordered the petitioners to move for confirmation of the arbitration award through a motion for summary judgment 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 December 7, 2022. Any opposition from Rashel Construction Corp. was due December 23, 2022, and any reply was due January 3, 2023.

The court also ordered the petitioners to serve the petition on the respondent electronically and by overnight mail by December 1, 2022, and to file an affidavit confirming service by December 5, 2022. Judge Katherine Polk Failla did not decide in this order whether the arbitration award should be confirmed.

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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