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. Rashel Construction Corp.

Filing 8

ORDER: Accordingly, it is hereby ORDERED that Petitioners shall move for confirmation of the arbitral award in the form of a motion for summary judgment in accordance with Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of t he Southern District of New York by December 7, 2022. Respondent's opposition, if any, is due on December 23, 2022. Petitioners' reply, if any, is due January 3, 2023. Petitioners shall serve the petition upon Respondents electronical ly and by overnight mail no later than December 1, 2022, and shall file an affidavit of such service with the Court no later than December 5, 2022. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/21/2022) ( Motions due by 12/7/2022., Responses due by 12/23/2022, Replies due by 1/3/2023.) (ks)

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Case 1:22-cv-09854-KPF Document 8 Filed 11/21/22 Page 1 of 2 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; TRUSTEES OF THE NEW YORK CITY CARPENTERS RELIEF AND CHARITY FUND; and CARPENTER CONTRACTOR ALLIANCE OF METROPOLITAN NEW YORK, Petitioners, 22 Civ. 9854 (KPF) ORDER -v.RASHEL CONSTRUCTION CORP., Respondent. KATHERINE POLK FAILLA, United States District Judge: On November 18, 2022, Petitioners filed a petition to confirm an arbitration award. Proceedings to confirm an arbitration award must be “treated as akin to a motion for summary judgment.” D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Accordingly, it is hereby ORDERED that Petitioners shall move for confirmation of the arbitral award in the form of a motion for summary judgment — in accordance with Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York — by December 7, 2022. Respondent’s opposition, if any, is due on December 23, 2022. Petitioners’ reply, if any, is due January 3, 2023. Case 1:22-cv-09854-KPF Document 8 Filed 11/21/22 Page 2 of 2 Petitioners shall serve the petition upon Respondents electronically and by overnight mail no later than December 1, 2022, and shall file an affidavit of such service with the Court no later than December 5, 2022. SO ORDERED. Dated: November 21, 2022 New York, New York __________________________________ KATHERINE POLK FAILLA United States District Judge 2

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