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S.D.N.Y.Procedural orderFiled Mar. 27, 2024

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

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. S & K General Contracting, Inc.

Judge
Rochon
Docket
1:24-cv-02260
Court
U.S. District Court · Southern District of New York
Pages
1
ArbitrationCivil Procedure
In one sentence

In Trustees v. S & K General Contracting, Judge Rochon ordered filings and service steps before deciding whether to confirm an arbitration award.

Who this affects

The petitioners seeking confirmation of the arbitration award and S & K General Contracting, Inc., the respondent, are affected by the filing, service, and briefing deadlines.

What happened

Trustees of the New York City District Council of Carpenters funds filed a case against S & K General Contracting, Inc. seeking confirmation of an arbitration award.

The court noted that the petitioners had not yet filed proof that the complaint was served. It set deadlines for supporting materials, any opposition, and any reply, and ordered service of the order and filing of proof of service.

Judge Jennifer L. Rochon issued the order on March 27, 2024. 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. S… · No. 1:24-cv-02260
Judge
Rochon
Date
Mar. 27, 2024

Background

The petitioners filed a complaint on March 26, 2024, seeking confirmation of an arbitration award. The opinion states that they had not yet docketed an affidavit of service, meaning a sworn filing showing that the complaint had been served on the respondent.

Court’s Orders

The court explained that proceedings to confirm arbitration awards are treated like motions for summary judgment. It ordered the petitioners to file and serve any additional materials supporting the petition by April 10, 2024. S & K General Contracting, Inc.’s opposition, if any, was due May 1, 2024, and the petitioners’ reply, if any, was due May 15, 2024.

The court also ordered the petitioner to serve a copy of the order on the respondent and file an affidavit showing that service. It separately ordered the petitioner to promptly file the affidavit of service for the complaint. The order set briefing and service requirements but 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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