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S.D.N.Y.Procedural orderFiled Feb. 1, 2023

Trustees for The Mason Tenders District Council Welfare Fund v. Genrus Corp.

Full caption

Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. Genrus Corp.

Judge
Jesse Furman
Docket
1:23-cv-00792
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil Procedure
In one sentence

In Trustees v. Genrus Corp., Judge Furman set briefing and service deadlines for a petition to confirm an arbitration award.

Who this affects

The order affects the petitioners, who must provide additional materials and serve Genrus Corp., and Genrus Corp., which may oppose the petition by the deadline set by the court.

What happened

Trustees of the Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund, et al. filed a petition asking the court to confirm an arbitration award against Genrus Corp.

The court stated that proceedings to confirm an arbitration award are treated similarly to a request for summary judgment. It ordered the petitioners to file any additional supporting materials by February 15, 2023, and set deadlines for Genrus Corp.'s opposition and the petitioners' reply.

Judge Jesse M. Furman also ordered the petitioners to serve the petition, supporting papers, and order on Genrus Corp. 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

For law students, journalists, and other readers who want the full reasoning

Case
Trustees for The Mason Tenders District Council Welfare Fund v. Genrus Corp. · No. 1:23-cv-00792
Judge
Jesse Furman
Date
Feb. 1, 2023

Background

The petitioners filed a petition to confirm an arbitration award. The opinion does not identify the arbitration award's subject or state the parties' underlying dispute. It refers to the filing date as “DATE,” although the order is dated February 1, 2023.

Court’s Action

The court explained that proceedings to confirm an arbitration award must be treated as akin to a motion for summary judgment. The court ordered the petitioners to file and serve any additional materials supporting the petition by February 15, 2023. Genrus Corp.'s opposition, if any, was due March 1, 2023, and the petitioners' reply, if any, was due March 8, 2023.

The court separately ordered the petitioners to serve the petition, all supporting papers, and the order on Genrus Corp. electronically and by overnight mail no later than February 15, 2023. The petitioners also had to file an affidavit proving service by February 16, 2023. The order set a briefing and service schedule; it did not rule on whether the arbitration award should be confirmed.

Disposition

The court entered the stated scheduling and service orders. The opinion does not state a final disposition of the petition to confirm the arbitration award.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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