Opinion
21 Civ. 5616 (LGS)
08-03-2021
DRYWALL TAPERS AND POINTERS OF GREATER NEW YORK LOCAL UNION 1974, AFFILIATED WITH INTERNATIONAL UNION OF ALLIED PAINTERS AND ALLIED TRADERS, AFL-CIO, Petitioner, v. EFRAIN JIMENEZ, JR. GENERAL CONTRACTOR, INC., Respondent.
ORDER
LORNA G. SCHOFIELD, District Judge:
WHEREAS, this action concerns a petition to confirm an arbitration award (the “Petition”). Dkt. Nos. 1, 2, 6.
WHEREAS, Respondent was served on July 1, 2021, (Dkt. No. 8) but has not yet appeared in this action.
WHEREAS, Respondent was required to answer, move or otherwise respond to the Petition by July 22, 2021. 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 Petition will be treated as an unopposed motion for summary judgment. Petitioner's unopposed motion for summary judgment is deemed fully briefed and will be decided on the papers already filed.