Garrity v. Credit Suisse Securities (USA) LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JAMES D. GARRITY, Petitioner, Civ. 1457 (KPF) ~ ORDER CREDIT SUISSE SECURITIES (USA) LLC, Respondent.

KATHERINE POLK FAILLA, District Judge: On February 22, 2023, Petitioner 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 March 15, 2023. Respondent’s opposition, if any, is due on March 31, 2023. Petitioners’ reply, if any, is due April 7, 2023.

Petitioners shall serve the petition upon Respondent electronically and by overnight mail no later than March 2, 2023, and shall file an affidavit of such service with the court no later than March 7, 2023.

SO ORDERED.

Dated: February 23, 2023 7 ~~?

New York, New York Kathe fall. flr KATHERINE POLK FAILLA □ United States District Judge