Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund v. S & S Kings Corp.

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, and ANNA GUTSIN, in her fiduciary capacity as Director, 20 Civ. 6443 (KPF) Petitioners, ORDER -v.- S & S KING CORP., Respondent.

KATHERINE POLK FAILLA, District Judge: On August 13, 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 September 18, 2020. Respondent’s opposition, if any, is due on October 16, 2020. Petitioners’ reply, if any, is due October 30, 2020.

Petitioners shall serve the petition upon Respondents electronically and by overnight mail no later than August 21, 2020, and shall file an affidavit of such service with the court no later than August 28, 2020.

SO ORDERED.

Dated: August 14, 2020 hh filo New York, New York aM.

KATHERINE POLK FAILLA United States District Judge