Trustees for The Mason Tenders District Council Welfare Fund v. USA Roofing Co…

Background

On November 28, 2022, the petitioners filed a petition asking the court to confirm an arbitration award. The court later set a schedule for additional supporting materials, USA Roofing’s opposition, and the petitioners’ reply. The petitioners served USA Roofing with the petition, supporting materials, and briefing schedule. USA Roofing’s opposition was due October 6, 2023, but it did not respond, appear in the case, or seek relief from the arbitration award.

Court’s analysis

The court explained that an unopposed petition to confirm an arbitration award must still be evaluated on the petitioners’ submissions. It treated the petition as similar to a motion for summary judgment, which asks whether the evidence shows that the moving party is entitled to judgment without a trial. After reviewing the petition and supporting materials, the court found no genuine issue of material fact preventing summary judgment as to any part of the award. The court stated that the arbitrator’s decision provided more than a barely colorable justification for its result and reflected that USA Roofing had consented to the award.

The court also found no basis under Section 10(a) of the Federal Arbitration Act to vacate the award. The opinion does not describe the award’s underlying terms.

Ruling

Judge Arun Subramanian granted the petitioners’ unopposed petition to confirm the entire arbitration award. The petitioners were directed to file their proposed judgment electronically by November 9, 2023.