Monsoon Blockchain Storage, Inc. v. Magic Micro Co., LTD.
- Clarke
- 1:22-cv-03114
- U.S. District Court · Southern District of New York
- 1
In Monsoon Blockchain v. Magic Micro, Judge Clarke ordered additional briefing and service in a petition to confirm an arbitration award.
Monsoon Blockchain Storage, Inc. must provide additional supporting materials and serve them, while Magic Micro Co., Ltd. may file an opposition by the ordered deadline.
What happened
Monsoon Blockchain Storage, Inc. asked the court to confirm an arbitration award against Magic Micro Co., Ltd. Magic Micro had not appeared or opposed the petition, and Monsoon had obtained a certificate of default.
The court ordered Monsoon to file and serve any additional supporting materials by August 10, 2023. Any opposition was due August 24, and any reply was due August 31. The court also required service of the petition, supporting papers, and the order by electronic delivery and overnight mail, followed by proof of service.
Judge Jessica G. L. Clarke issued the order on July 13, 2023. The order set briefing and service requirements but did not decide whether to confirm the arbitration award.
The detailed version
- Monsoon Blockchain Storage, Inc. v. Magic Micro Co., LTD. · No. 1:22-cv-03114
- Clarke
- July 13, 2023
Background
On April 24, 2023, Monsoon Blockchain Storage, Inc. filed a petition asking the court to confirm an arbitration award against Magic Micro Co., Ltd. Magic Micro had not appeared or opposed the petition. Monsoon had sought and received a certificate of default.
Court’s Reasoning
The court stated that proceedings to confirm an arbitration award must be treated similarly to a motion for summary judgment. Because of that standard, the court required Monsoon to submit any additional materials supporting its petition rather than deciding the petition solely on Magic Micro’s failure to appear.
Order
The court ordered Monsoon to file and serve its additional supporting materials, such as a legal memorandum, by August 10, 2023. Magic Micro’s opposition, if any, was due August 24, 2023, and Monsoon’s reply, if any, was due August 31, 2023.
Monsoon also had to serve the petition, all supporting papers, and the order on Magic Micro electronically and by overnight mail no later than August 10, 2023. Monsoon had to file an affidavit confirming that service by August 11, 2023.
This order set briefing and service requirements. It did not confirm or deny the arbitration award.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.