The Trustees for the Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund et al v. J&J Asbestos Abatement Corp.

Filing 13

MEMORANDUM OPINION AND ORDER: that the Court grants Petitioner's unopposed petition to confirm the entire Award. Petitioner is directed to submit a proposed Judgment consistent with this Memorandum Opinion and Order to the Orders and Judgments Clerk of this Court by November 7, 2014. (Signed by Judge Jesse M. Furman on 10/31/2014) (tn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
THE TRUSTEES FOR THE MASON TENDERS
:
DISTRICT COUNCIL WELFARE FUND, PENSION
:
FUND, ANNUITY FUND, AND TRAINING
:
PROGRAM FUND et al.,
:
:
Petitioners,
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:
-v:
:
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J&J ASBESTOS ABATEMENT CORP.,
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Respondent.
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:
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10/31/2014

14-CV-6376 (JMF)
MEMORANDUM OPINION
AND ORDER

JESSE M. FURMAN, United States District Judge:
On August 11, 2014, Petitioner filed a Petition to Confirm Arbitration. (Docket No. 1).
On August 27, 2014, the Court set a briefing schedule for Petitioner’s submission of any
additional materials in support of the Petition, Respondent’s opposition, and Petitioner’s reply.
(Docket No. 3). Petitioner served Respondents with the Petition, supporting materials, and the
briefing schedule. (Docket Nos. 5-7). Pursuant to the briefing schedule, Respondent’s
opposition was due no later than April 24, 2013. (Docket No. 3). To date, Respondent has
neither responded to the petition nor otherwise sought relief from the Award.
The Court must treat the Petition, even though unopposed, “as akin to a motion for
summary judgment based on the movant’s submissions.” Trustees for Mason Tenders Dist.
Council Welfare Fund, Pension Fund, Annuity Fund & Training Program Fund v. Capstone
Const. Corp., 11-CV-1715 (JMF), 2013 WL 1703578, at *2 (S.D.N.Y. Apr. 19, 2013)
(discussing in depth the legal standards for resolving unopposed petitions to confirm arbitration

awards). After reviewing the petition and the supporting materials, the Court finds that there is
no genuine issue of material fact precluding summary judgment as to all portions of the Award,
as the Arbitrator’s decision provides more than “a barely colorable justification for the outcome
reached.” Id. at *3 (internal quotation marks omitted). Nor is there any justification under
Section 10(a) of the Federal Arbitration Act for vacating the Award. Accordingly, the Court
grants Petitioner’s unopposed petition to confirm the entire Award.
Petitioner is directed to submit a proposed Judgment consistent with this Memorandum
Opinion and Order to the Orders and Judgments Clerk of this Court by November 7, 2014.

SO ORDERED.

Dated: October 31, 2014
New York, New York

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