District Court, S.D. New York, 2023

Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. USA Roofing Co. Corp.

Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. USA Roofing Co. Corp.
District Court, S.D. New York · Decided August 31, 2023
Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. USA Roofing Co. Corp.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TRUSTEES FOR THE MASON TENDERS DISTRICT COUNCIL WELFARE FUND, et al., Petitioners, 22-ev-09953 (AS) -against- ORDER USA ROOFING CO. CORP., Respondent.

ARUN SUBRAMANIAN, United States District Judge: On November 28, 2022, Petitioners filed a complaint seeking confirmation of an arbitration award. See ECF No. 6. On August 30, 2023, Petitioner confirmed that no settlement has been reached in this matter. See ECF No. 13. 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). It is hereby: ORDERED that Petitioners shall file and serve any additional materials with which they intend to support their petition for confirmation by September 15, 2023. Respondent’s opposition, if any, is due on October 6, 2023. Petitioners’ reply, if any, is due on October 20, 2023.

IT IS FURTHER ORDERED that Petitioner shall serve a copy of this Order on Respondent and file an affidavit of service of this Order; SO ORDERED.

Dated: August 31, 2023 New York, New York ARUN 4+— United States District Judge

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