Automated Summary
Key Facts
The case involves the Trustees of the Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund, along with Anna Gutsin and David Bolger, filing a petition to confirm an arbitration award against Prime Contractors, Inc. The petition was filed on November 14, 2025 (Dkt. No. 1). Petitioners must submit a memorandum of law, Local Civil Rule 56.1 statement, and supporting materials by December 8, 2025. Respondent's opposition is due February 9, 2026, with petitioners' reply (if any) by February 23, 2026. Petitioners are directed to serve the petition and supporting materials by November 24, 2025, and file an affidavit of service by December 1, 2025. The case is presided over by Judge Gregory H. Woods in the Southern District of New York.
Issues
The court must determine whether to confirm the arbitration award filed by the petitioners, following the procedure akin to a motion for summary judgment as established in D.H. Blair & Co. v. Gottdiener. Petitioners are required to submit supporting materials by December 8, 2025, with respondent's opposition due February 9, 2026, and any reply by February 23, 2026.
Remedies
- The Respondent must file an opposition to the petition by February 9, 2026.
- Petitioners are required to submit a memorandum of law, a statement pursuant to Local Civil Rule 56.1, and any supporting materials including affidavits or declarations attesting to the authenticity of exhibits, all no later than December 8, 2025.
- If Petitioners wish to reply to the opposition, their reply must be filed by February 23, 2026.
- Petitioners are directed to serve the petition and supporting materials upon the respondent by November 24, 2025, and to file an affidavit confirming such service with the Court by December 1, 2025.
Legal Principles
Proceedings to confirm an arbitral award must be 'treated as akin to a motion for summary judgment' as established in D.H. Blair & Co. v. Gottdiener (462 F.3d 95, 108 (2d Cir. 2006)). This principle requires petitioners to file a memorandum of law and supporting materials similar to summary judgment procedures.
Precedent Name
D.H. Blair & Co. v. Gottdiener
Judge Name
Gregory H. Woods
Passage Text
- 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).
- Petitioners shall file and serve a memorandum of law, 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 December 8, 2025. Respondent's opposition is due by February 9, 2026. Petitioners' reply, if any, is due by February 23, 2026.