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S.D.N.Y.Procedural orderFiled Oct. 11, 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. Franco's Blinds & Shades Inc.

Judge
Clarke
Docket
1:23-cv-05884
Court
U.S. District Court · Southern District of New York
Pages
2
ArbitrationCivil Procedure
In one sentence

In Carpenters Funds v. Franco’s Blinds & Shades, Judge Clarke ordered briefing on a petition to confirm an arbitration award.

Who this affects

The petitioners seeking confirmation of the arbitration award and Franco’s Blinds & Shades Inc., the respondent who could file an opposition.

What happened

In Trustees of the New York City District Council of Carpenters Funds v. Franco’s Blinds & Shades Inc., the petitioners asked the court to confirm an arbitration award.

The petitioners had not filed additional materials the court previously requested to support their petition. The court therefore directed them to submit a memorandum of law of no more than 25 pages.

Judge Jessica G. L. Clarke set deadlines for the petitioners’ memorandum, the respondent’s possible opposition, and any reply. The order 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-05884
Judge
Clarke
Date
Oct. 11, 2023

Background

On July 10, 2023, the petitioners filed a petition asking the court to confirm an arbitration award. The court explained that proceedings to confirm an arbitration award are treated similarly to a motion for summary judgment. On July 12, 2023, the court ordered the petitioners to file additional supporting materials by September 8, 2023. The opinion states that no such materials had been filed.

Order

The court ordered the petitioners to file a supporting memorandum of law, limited to 25 pages, by October 27, 2023. Franco’s Blinds & Shades Inc.’s opposition, if any, was due November 10, 2023, and the petitioners’ reply, if any, was due November 17, 2023. The petitioners also had to serve the order on the respondent electronically and by overnight mail by October 27, 2023, and file proof of service with the court by November 1, 2023.

Effect of the Order

This order set briefing and service requirements. It did not confirm or reject the arbitration award and did not otherwise decide the petition’s merits.

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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