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S.D.N.Y.Procedural orderFiled Feb. 23, 2023

Garrity v. Credit Suisse Securities LLC

Judge
Katherine Failla
Docket
1:23-cv-01457
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil ProcedureSummary Judgment
In one sentence

In Garrity v. Credit Suisse Securities (USA) LLC, Judge Failla ordered briefing and service steps for a petition to confirm an arbitration award.

Who this affects

James D. Garrity and Credit Suisse Securities (USA) LLC; the order sets the petitioner’s filing and service obligations and the respondent’s opposition deadline.

What happened

In Garrity v. Credit Suisse Securities (USA) LLC, James D. Garrity filed a petition asking the court to confirm an arbitration award.

The court ordered Garrity to seek confirmation through a motion for summary judgment and set deadlines for the motion, opposition, and reply. It also ordered service of the petition on Credit Suisse Securities (USA) LLC by electronic delivery and overnight mail, followed by proof of service.

Judge Katherine Polk Failla did not decide whether to confirm the arbitration award; she issued case-management and briefing instructions.

The detailed version

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

Case
Garrity v. Credit Suisse Securities LLC · No. 1:23-cv-01457
Judge
Katherine Failla
Date
Feb. 23, 2023

Background

On February 22, 2023, James D. Garrity filed a petition to confirm an arbitration award. The opinion states that proceedings to confirm an arbitration award are treated like a motion for summary judgment.

Court’s Order

The court ordered the petitioner to move for confirmation of the arbitration award in the form of 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 March 15, 2023; Credit Suisse Securities (USA) LLC’s opposition, if any, was due March 31, 2023; and the petitioner’s reply, if any, was due April 7, 2023.

The court also ordered the petitioner to serve the petition on Credit Suisse Securities (USA) LLC electronically and by overnight mail no later than March 2, 2023, and to file an affidavit confirming service no later than March 7, 2023.

Disposition and Effect

Judge Katherine Polk Failla issued instructions governing the next steps in the case. The opinion did not decide 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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