Trustees of the Mason Tenders Distrcit Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund et al v. AMM Construction Inc.

Filing 8

ORDER: It is hereby ORDERED that the conference scheduled for January 25, 2023, is CANCELLED. It is further ORDERED that by January 25, 2023, Plaintiffs shall serve the Petition and Civil Cover Sheet, see Dkt. 4, on Defendant via Federal Express and file proof of service on the docket. It is further ORDERED that by January 25, 2023, Plaintiffs shall file a letter on ECF describing their efforts to provide Defendant with actual notice of this lawsuit and proposing a briefing schedule for any contemplated memoranda of law in support of or in opposition to the Petition. (Signed by Judge Lorna G. Schofield on 1/18/2023) (ate)

Case 1:22-cv-10055-LGS Document 8 Filed 01/18/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
TRUSTEES OF THE MASON TENDERS
:
DISTRICT COUNCIL WELFARE FUND,
:
PENSION FUND, ANNUITY FUND, AND
:
:
TRAINING PROGRAM FUND, et al.,
Plaintiffs, :
:
-against:
:
:
AMM CONSTRUCTION, INC.,
Defendant. :
:
-------------------------------------------------------------X

22 Civ. 10055 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, this action concerns a petition to confirm an arbitration award (the
“Petition”). An Order issued December 9, 2022, scheduled an initial conference in this case for
January 25, 2023.
WHEREAS, Respondent was served via the New York Secretary of State on December
13, 2022, but has not yet appeared in this action. Respondent was required to answer, move or
otherwise respond to the Petition by January 3, 2023. See Fed. R. Civ. P. 12(a)(1)(A)(i).
WHEREAS, “default judgments in confirmation/vacatur proceedings are generally
inappropriate.” D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Instead, a
district court should treat an unanswered petition to confirm or vacate an arbitration award “as an
unopposed motion for summary judgment.” Id. at 110; accord Carroll v. Wells Fargo Clearing
Servs., LLC, No. 20 Civ. 4918, 2021 WL 634721, at *2 (S.D.N.Y. Feb. 17, 2021). It is hereby
ORDERED that the conference scheduled for January 25, 2023, is CANCELLED. It is
further
ORDERED that by January 25, 2023, Plaintiffs shall serve the Petition and Civil Cover

Case 1:22-cv-10055-LGS Document 8 Filed 01/18/23 Page 2 of 2

Sheet, see Dkt. 4, on Defendant via Federal Express and file proof of service on the docket. It is
further
ORDERED that by January 25, 2023, Plaintiffs shall file a letter on ECF describing
their efforts to provide Defendant with actual notice of this lawsuit and proposing a briefing
schedule for any contemplated memoranda of law in support of or in opposition to the Petition.
Dated: January 18, 2023
New York, New York

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