District Council 9, International Union of Painters and Allied Trades, A.F.L.-C.I.O. v. Silver Line Decor, LLC

Filing 9

MEMORANDUM OPINION AND ORDER: Accordingly, the Court grants Plaintiff's unopposed petition to confirm the entire Award. Plaintiff is directed to submit a proposed Judgment consistent with this Memorandum Opinion and Order to the Orders and Judgments Clerk of this Court by September 7, 2017. The conference scheduled for September 13, 2017, is CANCELLED. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/31/2017) (anc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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DISTRICT COUNCIL NO. 9 INTERNATIONAL
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UNION OF PAINTERS AND ALLIED TRADES,
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A.F.L.-C.I.O,
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Plaintiff,
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-v:
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SILVER LINE DÉCOR, LLC,
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Defendant.
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08/31/2017

17-CV-5765 (JMF)
MEMORANDUM OPINION
AND ORDER

JESSE M. FURMAN, United States District Judge:
On July 31, 2017, Plaintiff filed a Petition to Confirm Arbitration. (Docket No. 1). On
August 1, 2017, the Court set a briefing schedule for Plaintiff’s submission of any additional
materials in support of the Petition, Defendant’s opposition, and Plaintiff’s reply. (Docket No.
4). Plaintiff served Defendant with the Petition, supporting materials, and the briefing schedule.
(Docket Nos. 7, 8). Pursuant to the briefing schedule, Defendant’s opposition was due no later
than August 28, 2017. (Docket No. 4). To date, however, Defendant 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 Plaintiff’s unopposed petition to confirm the entire Award.
Plaintiff is directed to submit a proposed Judgment consistent with this Memorandum
Opinion and Order to the Orders and Judgments Clerk of this Court by September 7, 2017. The
conference scheduled for September 13, 2017, is CANCELLED.

SO ORDERED.

Dated: August 31, 2017
New York, New York

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