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

Trustees Of The New York City District Council Of Carpenters Pension Fund v…

Full caption

Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Blackstar Mechanical Group 740 Inc.

Judge
John Cronan
Docket
1:23-cv-03163
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil Procedure
In one sentence

In Trustees of the New York City District Council of Carpenters Funds v. Blackstar Mechanical Group 740 Inc., Judge Cronan extended Blackstar’s deadline to oppose arbitration-award confirmation.

Who this affects

Blackstar Mechanical Group 740 Inc. received additional time to oppose the petition. The petitioners were required to serve the order and file proof of service.

What happened

Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. Blackstar Mechanical Group 740 Inc. concerns a petition to confirm an arbitration award. Blackstar was served but had not appeared or opposed the petition.

The court gave Blackstar one final extension, until September 6, 2023, to file any opposition. The court said that if Blackstar did not respond by then, it would treat the petition as an unopposed request for summary judgment. The petitioners had to serve the order on Blackstar electronically and by overnight mail and file proof of service.

Judge John P. Cronan entered the order on August 23, 2023. The order extended the opposition deadline and 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 New York City District Council Of Carpenters Pension Fund v… · No. 1:23-cv-03163
Judge
John Cronan
Date
Aug. 23, 2023

Background

The petitioners filed a petition to confirm an arbitration award on April 17, 2023. Blackstar Mechanical Group 740 Inc. was served with the summons and petition on June 13, 2023. An earlier order allowed Blackstar to file an opposition by August 7, 2023, but Blackstar neither appeared in the case nor opposed the petition.

Order

The court granted one final extension of the opposition deadline, requiring Blackstar to file any opposition by September 6, 2023. The court stated that no further extensions would be granted absent extraordinary circumstances. It also stated that if Blackstar did not file an opposition by the new deadline, the petition to confirm the arbitration award would be treated as an unopposed motion for summary judgment.

The court ordered the petitioners to serve the order on Blackstar electronically and by overnight mail by August 25, 2023. The petitioners also had to file an affidavit confirming that service by August 29, 2023.

Disposition

Judge John P. Cronan ordered Blackstar to file any opposition by September 6, 2023. This order addressed the response deadline; it did not rule on the petition to confirm the arbitration award.

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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