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S.D.N.Y.Procedural orderFiled Sept. 14, 2023

Drywall Tapers and Pointers of Greater New York Local Union 1974 v. Construction

Full caption

Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO v. KPM Construction

Judge
Paul Engelmayer
Docket
1:23-cv-07105
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil Procedure
In one sentence

In Drywall Tapers v. KPM Construction, Judge Engelmayer set briefing deadlines for a petition to confirm an arbitration award.

Who this affects

The petitioners were required to submit and serve any additional supporting materials by September 22, 2023. KPM Construction could file an opposition by October 6, 2023, and the petitioners could file a reply by October 13, 2023.

What happened

Drywall Tapers and Pointers of Greater New York Local Union 1974 and other petitioners asked the court to confirm an arbitration award against KPM Construction. They filed the petition on August 11, 2023, and later filed proof that KPM Construction had been served.

The court did not decide whether to confirm the award. It ordered the petitioners to file and serve any additional supporting materials by September 22, 2023. KPM Construction’s opposition, if any, was due October 6, and the petitioners’ reply, if any, was due October 13.

Judge Paul A. Engelmayer explained that proceedings to confirm arbitration awards are treated like motions for summary judgment and entered this briefing schedule. The order did not state a final outcome on the petition.

The detailed version

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

Case
Drywall Tapers and Pointers of Greater New York Local Union 1974 v. Construction · No. 1:23-cv-07105
Judge
Paul Engelmayer
Date
Sept. 14, 2023

Background

The Trustees of the Drywall Tapers and Pointers Local Union No. 1974 Benefit Funds and other petitioners filed a petition seeking confirmation of an arbitration award against KPM Construction, also identified as KPM Construction Corp. The petition was filed on August 11, 2023. On September 12, the petitioners filed an affidavit stating that the petition and accompanying memorandum of law had been served on KPM Construction on September 11.

Court’s Action

The court stated that proceedings to confirm an arbitration award are treated as similar to a motion for summary judgment. It ordered the petitioners to file and serve any additional materials supporting the petition by September 22, 2023. KPM Construction’s opposition, if any, was due October 6, 2023, and the petitioners’ reply, if any, was due October 13, 2023.

Result

The order set a briefing schedule. It did not grant or deny the petition to confirm the arbitration award and did not state whether the award would be confirmed. Judge Paul A. Engelmayer signed the order.

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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