District Court, S.D. New York, 2021

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. Innovation Designs 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. Innovation Designs Inc.
District Court, S.D. New York · Decided April 2, 2021
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. Innovation Designs Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 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 21 Civ. 2801 (KPF) OF METROPOLITAN NEW YORK, and THE NEW YORK CITY DISTRICT ORDER COUNCIL OF CARPENTERS, Petitioners, -v.- INNOVATION DESIGNS INC., Respondent.

KATHERINE POLK FAILLA, District Judge: On April 1, 2021, 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 May 3, 2021. Respondent’s opposition, if any, is due on June 2, 2021. Petitioners’ reply, if any, is due June 16, 2021.

Petitioners shall serve the petition upon Respondents electronically and by overnight mail no later than April 9, 2021, and shall file an affidavit of such service with the court no later than April 16, 2021.

SO ORDERED.

Pate: Now Yorke New York Kote bal fild- KATHERINE POLK FAILLA United States District Judge

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