District Court, S.D. New York, 2020

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. Jas Construction Co., Inc. A/K/A Sunny Professional Services, Inc.

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. Jas Construction Co., Inc. A/K/A Sunny Professional Services, Inc.
District Court, S.D. New York · Decided February 11, 2020
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. Jas Construction Co., Inc. A/K/A Sunny Professional Services, Inc.

Trial Court Opinion

USDC-SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOCH: SOUTHERN DISTRICT OF NEW YORK DATE FILED: [| | 70 TRUSTEES OF THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS PENSION FUND, WELFARE FUND, ANNUITY FUND AND APPRENTICESHIP, JOURNEYMAN RETRAINING, EDUCATIONAL AND INDUSTRY FUND; TRUSTEES OF THE NEW YORK CITY CARPENTERS RELIEF AND CHARITY FUND; THE CARPENTER CONTRACTOR ALLIANCE OF METROPOLITAN NEW YORK; NEW No. 20-CV-1001 (RA) YORK CITY DISTRICT COUNCIL OF CARPENTERS, ORDER Petitioners, Vv.

JAS CONSTRUCTION CO., INC. a/k/a SUNNY PROFESSIONAL SERVICES, INC., Respondent.

RONNIE ABRAMS, United States District Judge: This case has been assigned to me for all purposes. On February 5, 2020, Petitioners filed a complaint seeking confirmation of an arbitration award.

In this Circuit, confirmation proceedings for arbitration awards must be “treated as akin to a motion for summary judgment.” D.H. Blair & Co. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Accordingly, it is hereby: ORDERED that Petitioners shall file and serve any additional materials with which they intend to support their petition for confirmation by February 26, 2020. Such materials shall include, at minimum, (1) a certified copy of the arbitral award and (2) sworn or certified copies of the underlying contracts at issue. Respondent’s opposition, if any, is due on March 9, 2020.

Petitioners’ reply, if any, is due on March 23. Petitioners shall serve a copy of this Order on Respondents, and file proof of such service on the docket.

SO ORDERED.

Dated: February 11, 2020 New York, New York Ro r United States District Judge

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