Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Speedo Corp.

UNITED STATES DISTRICT COURT EDLOECC#T: RONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 04/30/2021 TRUSTEES OF THE DISTRICT COUNCIL NO. 9 PAINTING INDUSTRY INSURANCE FUND; TRUSTEES OF THE DISTRICT COUNCIL NO. 9 PAINTING INDUSTRY ANNUITY FUND; DISTRICT COUNCIL NO. 9 INTERNATIONAL UNION OF PAINTERS AND ALLIED No. 21-CV-3705 (RA) TRADES AFL-CIO, ORDER Petitioners, v. SPEEDO CORP. Respondent.

RONNIE ABRAMS, United States District Judge: This case has been assigned to me for all purposes. On April 26, 2021 Petitioners filed a complaint seeking confirmation of an arbitration award. Petitioners have not yet docketed an affidavit of service.

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 May 14, 2021. 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 June 11, 2021.

Petitioners’ reply, if any, is due on June 25, 2021.

Petitioners shall serve a copy of this Order on Respondent, and file proof of such service on the docket.

SO ORDERED.

Dated: April 30, 2021 New York, New York / Ronnie Abrams United States District Judge