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S.D.N.Y.Procedural orderFiled July 18, 2023

Trustees of the District Council No. 9 Painting Industry Insurance Fund v. City…

Full caption

Trustees of the District Council No. 9 Painting Industry Insurance Fund v. City Newark Glass

Judge
John Cronan
Docket
1:23-cv-03303
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil Procedure
In one sentence

In Trustees of the District Council No. 9 Painting Industry Insurance Fund v. City Newark Glass, Judge Cronan set deadlines for opposing arbitration confirmation.

Who this affects

The petitioners and City Newark Glass. The petitioners received deadlines for serving the order and filing any reply, while City Newark Glass received a deadline to oppose the petition and notice that failing to respond could lead to the petition being treated as an unopposed motion for summary judgment.

What happened

The Trustees of the District Council No. 9 Painting Industry Insurance Fund and other petitioners asked the court to confirm an arbitration award. City Newark Glass was served but had not appeared or opposed the petition.

The court ordered City Newark Glass to file any opposition by August 7, 2023. If it did not, the court would treat the petition as an unopposed request for summary judgment. The petitioners’ reply, if any, would be due August 21, 2023.

Judge John P. Cronan also ordered the petitioners to serve the order electronically and by overnight mail and file proof of service. The order set deadlines but 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 of the District Council No. 9 Painting Industry Insurance Fund v. City… · No. 1:23-cv-03303
Judge
John Cronan
Date
July 18, 2023

Background

On April 20, 2023, the petitioners filed a petition asking the court to confirm an arbitration award. City Newark Glass was served with the summons and petition on April 24, 2023. As of the order, City Newark Glass had not appeared in the case or filed an opposition.

Order

The court ordered City Newark Glass to file any opposition by August 7, 2023. If it failed to do so, the petition to confirm the arbitration award would be treated as an unopposed motion for summary judgment. Summary judgment is a decision based on the court concluding that no material factual dispute requires a trial. The petitioners’ reply, if any, was due August 21, 2023.

The petitioners also had to serve the order on City Newark Glass electronically and by overnight mail by July 19, 2023, and file an affidavit confirming that service by July 21, 2023. Judge John P. Cronan’s order set briefing and service requirements; it did not rule on whether the arbitration award should be confirmed.

The authoritative version

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

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