Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund v. Tri State Construction & Masonry Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TRUSTEES FOR THE MASON TENDERS DISTRICT COUNCIL WELFARE FUND, PENSION FUND, ANNUITY FUND, AND TRAINING PROGRAM FUND, ANNA GUTSIN, in her fiduciary capacity as Director, and ROBERT BONANZA, as Business Manager of the Mason Tenders District 20 Civ. 2642 (KPF) Council of Greater New York, ORDER Petitioners, -v.- TRI STATE CONSTRUCTION & MASONRY INC., Respondent.

KATHERINE POLK FAILLA, District Judge: On March 29, 2020, Petitioners filed a petition to confirm an arbitration award. (Dkt. #1). Proceedings to confirm an arbitration award must be “treated as akin to a motion for summary judgment.” D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Accordingly, it is hereby ORDERED that Petitioners shall move for confirmation of the arbitral award in the form of a motion for summary judgment — in accordance with Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York — by April 20, 2020. Respondent’s opposition, if any, is due on May 11, 2020. Petitioners’ reply, if any, is due May 25, 2020.

Petitioners shall serve the petition upon Respondents electronically and by overnight mail no later than April 6, 2020, and shall file an affidavit of such service with the court no later than April 12, 2020.

SO ORDERED.

Dated: March 30, 2020 New York, New York KATHERINE POLK FAILLA United States District Judge