Keystone Mountain Lakes Reg'l Council of Carpenters Reg'l Council of Carpenters v. Ferreira Constr.

Full title: KEYSTONE MOUNTAIN LAKES REGIONAL COUNCIL OF CARPENTERS as successors to…

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Feb 1, 2019

Civil Action No. 18-11746 (MAS) (DEA) (D.N.J. Feb. 1, 2019)

Opinion

Civil Action No. 18-11746 (MAS) (DEA)

02-01-2019

KEYSTONE MOUNTAIN LAKES REGIONAL COUNCIL OF CARPENTERS as successors to NORTHEAST REGIONAL COUNCIL OF CARPENTERS, NORTHEAST CARPENTERS FUNDS AND THE TRUSTEES THEREOF, Petitioners, v. FERREIRA CONSTRUCTION, Respondent.

MICHAEL A. SHIPP UNITED STATES DISTRICT JUDGE

MEMORANDUM ORDER

This matter comes before the Court upon Petitioners Keystone Mountain Lakes Regional Council of Carpenters as successors to Northeast Regional Council of Carpenters, Northeast Carpenters Funds and the Trustees Thereof's ("Petitioners") Petition to Confirm Arbitration Award ("Petition") (ECF No. 1) and Motion to Confirm Arbitration Award ("Motion") (ECF No. 2). Ferreira Construction ("Respondent") has not appeared in this action. The Petition indicates that " [a]t all times relevant , Respondent was, and still is, a business entity . . . with a principal place of business located at 31 Tannery Road, Branchburg, New Jersey 08876." (Pet. ¶ 3) (emphasis added). Petitioners' Certificate of Service in support of their Motion reflects that Petitioners served Respondent at 31 Tannery Road, Branchburg, New Jersey. (Cert. of Service, ECF No. 2-4.) The Petition, however, contains a signature page for Ferreira Construction with an address of 21 Mountain Road, Basking Ridge, NJ 07920. (Pet., Ex. B.) In addition, the Arbitration Award and Order states that "due notice of the hearing was issued to the Employer." (Award & Order, Pet., Ex. D.) The Arbitration Award and Order, however, does not include the specific address of service. Finally, Petitioners filed a "Statement that No Brief is Necessary." (ECF No. 2-1.) Here, based on the discrepancies in addresses and the lack of a legal brief, the Court finds that Petitioners have not adequately demonstrated entitlement to relief. Based on the foregoing, and other good cause shown,

IT IS on this 1^st day of February 2019, ORDERED that:

1. Petitioners' Motion to Confirm the Arbitration Award (ECF No. 2) is denied without prejudice.

2. Petitioners may file a renewed Motion by March 1, 2019, with supporting documentation and, if appropriate, a legal brief.¹

1 Petitioners' renewed motion papers must include proof of service for the arbitration hearing, the Petition, and the renewed motion. --------

s/ Michael A. Shipp

MICHAEL A. SHIPP

UNITED STATES DISTRICT JUDGE