Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO v. MAIA MP Construction, Inc.

VOM bear DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOCH: SOUTHERN DISTRICT OF NEW YORK DATE FILED: %/yY /J07 19 DRYWALL TAPERS & POINTERS OF GREATER NEW YORK LOCAL UNION 1974, AFFILIATED WITH INTERNATIONAL UNION OF ALLIED PAINTERS & ALLIED TRADES, AFL-CIO; TRUSTEES OF THE DRYWALL TAPERS & POINTERS LOCAL UNION NO. 1974 BENEFIT FUNDS, No. 19-CV-11212 (RA) Petitioners, ORDER v. MAIA MP CONSTRUCTION, INC,, also Anown as MAIA MP CONSTRUCTIONS, INC., Respondent.

RONNIE ABRAMS, United States District Judge: On January 14, 2020 Petitioners filed a motion for default judgment against Respondent.

Dkt. 16. On February 12, 2020, the Court issued an order requiring Respondent to show cause as to why a default judgment should not be entered in favor of Petitioners at a hearing scheduled on March 13, 2020 at 2:00 p.m. Dkt. 21.

That order, however, was in error given that “default judgments in confirmation/vacatur proceedings are generally inappropriate.” D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006) (holding that “Rule 55 does not operate well in the context of a motion to confirm or vacate an arbitration award”). As the Second Circuit explained, “[a] motion to confirm or vacate an award is generally accompanied by a record, such as an agreement to arbitrate and the arbitration award decision itself, that may resolve many of the merits or at least command judicial deference.” fd. Accordingly, the Court denies Petitioners’ motion for a default judgment and cancels the order to show cause hearing scheduled on March 13, 2020. The Court will instead treat “the petition and accompanying record .. . as akin to a motion for summary judgment based on the movant’s submissions,” id., and address the petition in short order.

SO ORDERED.

Dated: March 4, 2020 New York, New York Ronnié Abrams United States District Judge