Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. Choice of Colors, Inc.

Filing 10

ORDER re: 9 Order Referring Case to Magistrate Judge. Accordingly, it is hereby: ORDERED that the referral to Magistrate Judge Gorenstein, (Doc. 9), is VACATED. IT IS FURTHER ORDERED that Petitioners are directed to 1) obtain a Certificate of D efault from the Clerk's office, 2) file and serve any additional materials with which they intend to support their petition for confirmation which shall include, at minimum, (a) a certified copy of the arbitral award1 and (b) sworn or certified copies of the underlying contracts at issue, and 3) move for summary judgment based on their motion on or before May 28, 2021. IT IS FURTHER ORDERED that Petitioners shall serve a copy of this Order on Respondent, and file proof of such service on th e docket. SO ORDERED. 1 See United States v. Speakman, 594 F.3d 1165, 1172 n. 4 (10th Cir. 2010) (declining to take judicial notice of an arbitration award because arbitral organization was not a public agency). 2 See Wright & Miller, 10A Fed. Pra c. & Proc. Civ. § 2722 (3d ed. 2014) (noting "an affidavit purporting to present the substance of contracts [is] insufficient to prove the terms of the agreements unless sworn or certified copies of them are attached to the affidavit"). (Motions due by 5/28/2021.) (Signed by Judge Vernon S. Broderick on 4/27/2021) (kv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
TRUSTEES OF THE NEW YORK CITY
DISTRICT COUNCIL OF CARPENTERS
PENSION FUND, WELFARE FUND,
ANNUITY FUND, AND
APPRENTICESHIP, JOURNEYMAN
RETRAINING, EDUCATIONAL, AND
INDUSTRY FUND et al.,
Petitioners,

4/27/2021

21-CV-895 (VSB)
ORDER

-againstCHOICE OF COLORS, INC.,
Respondent.
VERNON S. BRODERICK, United States District Judge:
On February 2, 2021, Petitioners filed a complaint seeking confirmation of an arbitration
award. (Doc. 1.) Petitioners filed an affidavit of service on February 5, 2021, indicating that
Respondent’s answer was due on February 25, 2021. (Doc. 8.) I referred this case to Magistrate
Judge Gabriel W. Gorenstein on March 2, 2021. (Doc. 9.)
In this Circuit, 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). The time for Respondent to respond to Petition has lapsed, and Respondent has failed to
notice an appearance or request an extension. Accordingly, it is hereby:
ORDERED that the referral to Magistrate Judge Gorenstein, (Doc. 9), is VACATED.
IT IS FURTHER ORDERED that Petitioners are directed to 1) obtain a Certificate of
Default from the Clerk’s office, 2) file and serve any additional materials with which they intend
to support their petition for confirmation which shall include, at minimum, (a) a certified copy of

the arbitral award1 and (b) sworn or certified copies of the underlying contracts at issue,2 and 3)
move for summary judgment based on their motion on or before May 28, 2021.
IT IS FURTHER ORDERED that Petitioners shall serve a copy of this Order on
Respondent, and file proof of such service on the docket.
SO ORDERED.
Dated:

April 27, 2021
New York, New York
Vernon S. Broderick
United States District Judge

1
See United States v. Speakman, 594 F.3d 1165, 1172 n. 4 (10th Cir. 2010) (declining to take judicial notice of an
arbitration award because arbitral organization was not a public agency).
2
See Wright & Miller, 10A Fed. Prac. & Proc. Civ. § 2722 (3d ed. 2014) (noting “an affidavit purporting to present
the substance of contracts … [is] insufficient to prove the terms of the agreements unless sworn or certified copies of
them are attached to the affidavit”).

2