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S.D.N.Y.Procedural orderFiled Mar. 22, 2024

Mercer v. Erin Stewart, LLC

Judge
Katherine Failla
Docket
1:23-cv-10588
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil ProcedureSummary Judgment
In one sentence

Mercer v. Erin Stuart LLC: Judge Failla ordered a summary-judgment motion seeking confirmation of an arbitration award.

Who this affects

Robert L. Mercer, as trustee of the Robert L. Mercer Revocable Trust, and Erin Stuart LLC; the order set deadlines for the petitioner’s request to confirm an arbitration award.

What happened

In Mercer v. Erin Stuart LLC, Robert L. Mercer, acting as trustee of the Robert L. Mercer Revocable Trust, filed a petition to confirm an arbitration award. The opinion does not describe the dispute or the award’s terms.

The court directed Mercer to seek confirmation through a motion for summary judgment, following the procedures for that type of motion. The respondent could oppose the motion, but the opinion does not say whether it did.

Judge Katherine Polk Failla set April 26, 2024, for Mercer’s motion, May 24, 2024, for any opposition, and June 7, 2024, for any reply. The order did not decide whether to confirm the award.

The detailed version

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

Case
Mercer v. Erin Stewart, LLC · No. 1:23-cv-10588
Judge
Katherine Failla
Date
Mar. 22, 2024

Background

On December 4, 2023, the petitioner filed a petition asking the court to confirm an arbitration award. The opinion does not provide the underlying facts, the parties’ arguments, or the award’s substance.

Court’s Analysis

The court explained that proceedings to confirm an arbitration award are treated similarly to a motion for summary judgment. Summary judgment is a procedure for resolving a case when the relevant facts do not require a trial. The court therefore required the petitioner to present the request for confirmation as a summary-judgment motion under Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York.

Order

The court ordered the petitioner to file the motion by April 26, 2024. Any opposition from the respondent was due May 24, 2024, and any reply from the petitioner was due June 7, 2024. This order set the briefing schedule; 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.

Open opinion PDF →
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