District Council No. 9 International Union of Painters and Allied Trades…

Background

On January 25, 2024, the petitioner filed a petition asking the court to confirm an arbitration award. The court later set deadlines for the petitioner’s additional supporting materials, Future Shock’s opposition, and the petitioner’s reply. The petitioner served Future Shock with the petition, supporting materials, and the court’s briefing order.

Future Shock’s opposition was due by March 28, 2024. It did not appear in the action, respond to the petition, or otherwise seek relief from the award.

Court’s analysis

The court explained that an unopposed petition to confirm an arbitration award must still be reviewed, and is treated similarly to a motion for summary judgment based on the petitioner’s submissions. Summary judgment is a decision entered when the record shows no genuine dispute requiring a trial.

After reviewing the petition and supporting materials, the court found no genuine issue of material fact preventing judgment on all portions of the award. It also found that the arbitrator’s decision provided more than a minimally sufficient justification for its result. The court found no basis under Section 10(a) of the Federal Arbitration Act to vacate, or cancel, the award.

Disposition

The court granted the petitioner’s unopposed petition to confirm the entire award. It directed the petitioner to file a proposed judgment electronically by April 17, 2024. The Clerk of Court was directed to terminate docket entry 11 as moot. The opinion does not describe the award’s subject or amount.