Trustees of the Mason Tenders Distrcit Council Welfare Fund v. AMM Construction…
Trustees of the Mason Tenders Distrcit Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. AMM Construction Inc.
- Lorna Schofield
- 1:22-cv-10055
- U.S. District Court · Southern District of New York
- 2
In Trustees of the Mason Tenders District Council Welfare Fund v. AMM Construction, Judge Schofield canceled a conference and ordered additional service and scheduling steps.
The plaintiffs seeking confirmation of the arbitration award and AMM Construction, Inc., the respondent that had not appeared.
What happened
Trustees of the Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund v. AMM Construction, Inc. concerns a petition asking the court to confirm an arbitration award. AMM Construction was served through the New York Secretary of State but had not appeared or responded by the deadline.
The court explained that default judgments are generally not appropriate in proceedings to confirm or overturn arbitration awards. Instead, an unanswered petition is treated like an uncontested request for a decision based on the written record.
Judge Lorna G. Schofield canceled the January 25, 2023, conference. She ordered the plaintiffs to send AMM Construction the petition and civil cover sheet by Federal Express, file proof of service, and file a letter describing efforts to provide actual notice and proposing a schedule for written arguments.
The detailed version
- Trustees of the Mason Tenders Distrcit Council Welfare Fund v. AMM Construction… · No. 1:22-cv-10055
- Lorna Schofield
- Jan. 18, 2023
Background
This action concerns a petition to confirm an arbitration award. The respondent, AMM Construction, Inc., was served through the New York Secretary of State on December 13, 2022, but had not appeared. Its deadline to answer, file a motion, or otherwise respond to the petition was January 3, 2023.
Court’s reasoning
The court stated that default judgments are generally inappropriate in proceedings to confirm or overturn arbitration awards. Citing appellate precedent, it explained that an unanswered petition to confirm or vacate an arbitration award should instead be treated as an uncontested motion for summary judgment, meaning a request for judgment based on the record without a trial.
Order
The court canceled the initial conference scheduled for January 25, 2023. It ordered the plaintiffs, by that date, to serve AMM Construction with the petition and civil cover sheet by Federal Express and file proof of service on the docket. The court also ordered the plaintiffs to file a letter describing their efforts to provide AMM Construction with actual notice of the lawsuit and proposing a briefing schedule for any planned written arguments supporting or opposing the petition. The opinion does not decide whether the arbitration award should be confirmed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.