Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund et al v. Scaffolding One, Inc.

Filing 16

MEMORANDUM AND OPINION re: 8 MOTION for Summary Judgment . filed by Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund...Accordingly, the Court grants Petitioners unoppos ed 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 April 7, 2015. (Signed by Judge Jesse M. Furman on 3/31/2015) (mt)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
TRUSTEES FOR THE MASON TENDERS DISTRICT :
COUNCIL WELFARE FUND, PENSION FUND,
:
ANNUITY FUND, AND TRAINING PROGRAM
:
FUND, et al.,
:
:
Petitioners,
:
:
-v:
:
:
SCAFFOLDING ONE, INC.,
:
:
Respondent.
:
:
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03/31/2015

15-CV-305 (JMF)
MEMORANDUM OPINION
AND ORDER

JESSE M. FURMAN, United States District Judge:
On January 15, 2015, Petitioner filed a Petition to Confirm Arbitration. (Docket No. 1).
On February 5, 2015, 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. 4, 5, 15). Following two modifications to the briefing schedule
(Docket Nos. 7, 14), Respondent’s opposition was due no later than March 26, 2015. (Docket
No. 14). 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 April 7, 2015.

SO ORDERED.

Dated: March 31, 2015
New York, New York

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