Whittaker v. MHR Fund Management LLC

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED KEITH WHITTAKER, DOC # DATE FILED: 12/4/2020 Petitioner, 20 Civ. 7599 (AT) -against- ORDER MHR FUND MANAGEMENT LLC, MHR INSTITUTIONAL ADVISORS II LLC, AND MHR INSTITUTIONAL ADVISORS II LLC, Respondents. ANALISA TORRES, District Judge: A petition to vacate, modify, or 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); see also ICC Chem. Corp. v. Nordic Tankers Trading A/S, 186 F. Supp. 3d 296, 299-300 (S.D.N.Y. 2016). The parties must therefore move in accordance with Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York. Accordingly, by December 14, 2020, the parties shall exchange 56.1 statements. By December 22, 2020, the parties shall file on the docket their 56.1 statements and responses. SO ORDERED. Dated: December 4, 2020 New York, New York

ANALISA TORRES United States District Judge