Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund v. All Clean Environmental, LLC

• Court: District Court, S.D. New York
• Decided: January 27, 2020
• Docket: 1:20-cv-00624
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT ELECTRONICALLY FILED DOC #: _________________ SOUTHERN DISTRICT OF NEW YORK DATE FILED: 1/27/2020 ------------------------------------------------------------------X : TRUSTEES FOR THE MASON TENDERS : DISTRICT COUNCIL WELFARE FUND, : PENSION FUND, ANNUITY FUND, AND : 1:20-cv-624-GHW TRAINING PROGRAM FUND, and JOHN J : VIRGA, in his fiduciary capacity as Director, ROBERT : ORDER BONANZA, as Business Manager of the MASON : TENDERS DISTRICT COUNCIL OF GREATER : NEW YORK, : Petitioners, : : -against- : : ALL CLEAN ENVIRONMENTAL, LLC, : : Respondent. : : ------------------------------------------------------------------ X GREGORY H. WOODS, District Judge: On January 23, 2020, Petitioners, the Trustees of the Mason Tenders District Counsel Welfare Funds, Pension Fund, Annuity Fund and Training Program Fund, and the Mason Tenders District Council of Greater New York filed a petition to confirm an arbitration award. Dkt. No. 1. Proceedings to confirm an arbitral award must be “treated as akin to a motion for summary judgment.” D.H. Blair & Co. v. Gottdiener, 462 F.3d 95, 108 (2d Cir. 2006). Accordingly, it is hereby ORDERED that Petitioners shall file and serve a statement pursuant to Local Civil Rule 56.1 and any additional materials with which they intend to support the petition, including any affidavits or declarations attesting that the exhibits to the petition are true and correct copies of what they purport to be, no later than February 10, 2020. Respondent’s opposition is due by March 2, 2020. Petitioners’ reply, if any, is due by March 16, 2020. Petitioners are directed to serve the petition and supporting materials upon respondent by February 3, 2020 and to file an affidavit of such service with the Court by February 5, 2020.

SO ORDERED. Dated: January 27, 2020 f WlDued— New York, New York GRE H. WOODS United States District Judge