Trustees for The Mason Tenders District Council Welfare Fund v. Genrus Corp.
Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. Genrus Corp.
- Jesse Furman
- 1:23-cv-00792
- U.S. District Court · Southern District of New York
- 2
In Mason Tenders Funds v. Genrus Corp., Judge Furman confirmed the entire unopposed arbitration award after finding no basis to vacate it.
The ruling directly affected the petitioners—the listed funds and related petitioners—and Genrus Corp., the respondent. It confirmed the entire arbitration award against Genrus Corp.
What happened
In Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. Genrus Corp., the petitioners asked the court to confirm an arbitration award. Genrus Corp. did not respond to the petition or seek relief from the award.
The court reviewed the petition and supporting materials under the standard used for an unopposed request resembling a summary-judgment motion. It found no genuine dispute requiring further proceedings and concluded that the arbitrator gave more than a minimally supported explanation for the decision.
Judge Jesse M. Furman granted the petition to confirm the entire award. He also found no basis under Section 10(a) of the Federal Arbitration Act to vacate the award and directed the petitioners to file a proposed judgment.
The detailed version
- Trustees for The Mason Tenders District Council Welfare Fund v. Genrus Corp. · No. 1:23-cv-00792
- Jesse Furman
- Apr. 10, 2023
Background
On January 31, 2023, the petitioners filed a petition asking the court to confirm an arbitration award. The court set a schedule for additional supporting materials, Genrus Corp.’s opposition, and the petitioners’ reply. The petitioners served Genrus Corp. with the petition, supporting materials, and briefing schedule. Genrus Corp.’s opposition was due March 1, 2023, but it did not respond to the petition or otherwise seek relief from the award.
Court’s Analysis
The court explained that an unopposed petition to confirm an arbitration award must be treated like a motion for summary judgment based on the petitioner’s submissions. After reviewing those submissions, the court found no genuine issue of material fact preventing summary judgment as to any part of the award. It also concluded that the arbitrator’s decision provided more than a minimally supported justification for its result. The court found no basis under Section 10(a) of the Federal Arbitration Act to vacate the award.
Ruling
The court granted the petitioners’ unopposed petition to confirm the entire award. The court directed the petitioners to file a proposed judgment electronically by April 17, 2023.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.
Related cases
- Trustees of the Mason Tenders Distrcit Council Welfare Fund, Pension Fund…Jun 2022
- New Yorkv. 45th Street
- Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated…Jan 2021
- Super Perfectv. Agroinvestbank Open
- Trustees Of The New York City District Council Of Carpenters Pension Fund…Jul 2020
- Trustees Of The New York City District Council Of Carpenters Pension Fund…Mar 2020