National Union Fire Insurance Company of Pittsburgh, PA. v. Source One Staffing LLC
Filing
58
MEMORANDUM OPINION AND ORDER: re: 52 MOTION to Confirm Arbitration Award and Enter Judgment, filed by National Union Fire Insurance Company of Pittsburgh, PA. Accordingly, the Court grants Petitioners unopposed petition to confirm t he 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 December 18, 2017, and as further set forth in this order. Motions terminated: 52 MOTION to Confirm Arbitration Award and Enter Judgment, filed by National Union Fire Insurance Company of Pittsburgh, PA. (Signed by Judge Jesse M. Furman on 12/11/2017) (ap)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------------- X
:
In the Matter of the Arbitration Between
:
:
NATIONAL UNION FIRE INSURANCE COMPANY :
OF PITTSBURGH, PA, on behalf of itself and its related :
matters,
:
:
Petitioner,
:
:
-v:
:
SOURCE ONE STAFFING, LLC,
:
:
Respondent.
:
:
---------------------------------------------------------------------- X
12/11/2017
16-CV-6461 (JMF)
MEMORANDUM OPINION
AND ORDER
JESSE M. FURMAN, United States District Judge:
On November 14, 2017, Petitioner filed a Petition to Confirm Arbitration. (Docket No.
52). On November 15, 2017, the Court set a briefing schedule for Respondent’s opposition, and
Petitioner’s reply. (Docket No. 56). Pursuant to the briefing schedule, Respondent’s opposition
was due no later than December 4, 2017. (Docket No. 56). 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 December 18, 2017.
SO ORDERED.
Dated: December 11, 2017
New York, New York
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?