Trustees of the District Council No. 9 Painting Industry Insurance Fund v…
Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Rashel Construction Corp.
- John Cronan
- 1:22-cv-10721
- U.S. District Court · Southern District of New York
- 1
In Trustees v. Rashel Construction, Judge Cronan set deadlines for opposing a petition to confirm an arbitration award.
The order affects the petitioners, who must serve the order and may file a reply, and Rashel Construction Corp., which must file any opposition by February 15, 2023, or face treatment of the petition as an unopposed motion for summary judgment.
What happened
In Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Rashel Construction Corp., the petitioners asked the court to confirm an arbitration award. Rashel Construction Corp. had been served but had not appeared or opposed the petition.
The court gave Rashel Construction Corp. until February 15, 2023, to file an opposition. It stated that failure to do so would cause the petition to be treated as an unopposed motion for summary judgment. The petitioners could file a reply by March 1, 2023.
Judge John P. Cronan also ordered the petitioners to serve the order electronically and by overnight mail and to file proof of service. The order did not decide whether to confirm the arbitration award.
The detailed version
- Trustees of the District Council No. 9 Painting Industry Insurance Fund v… · No. 1:22-cv-10721
- John Cronan
- Jan. 26, 2023
Background
On December 20, 2022, the petitioners filed a petition asking the court to confirm an arbitration award. Rashel Construction Corp. was served with the summons and petition on December 22, 2022, but had not appeared or filed an opposition as of the date of the order.
Order
The court ordered Rashel Construction Corp. to file any opposition by February 15, 2023. If it did not do so, the petition to confirm the arbitration award would be treated as an unopposed motion for summary judgment. The petitioners' reply, if any, was due March 1, 2023.
The court separately ordered the petitioners to serve the order on Rashel Construction Corp. electronically and by overnight mail by January 27, 2023, and to file an affidavit confirming service by February 1, 2023.
What the Order Did Not Decide
The court did not grant or deny the petition to confirm the arbitration award. It set response and service requirements for the next steps in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.