Drywall Tapers & Pointers of Greater New York Local Union 1974 v. MAIA MP Construction, Inc., 19-CV-11212 (RA). (2020)
Court: District Court, S.D. New York
Number: infdco20200310791
Visitors: 5
Filed: Mar. 04, 2020
Latest Update: Mar. 04, 2020
Summary: ORDER RONNIE ABRAMS , District Judge . On January 14, 2020 Petitioners filed a motion for default judgment against Respondent. Dkt. 16. On February 12, 2020, the Court issued an order requiring Respondent to show cause as to why a default judgment should not be entered in favor of Petitioners at a hearing scheduled on March 13, 2020 at 2:00 p.m. Dkt. 21. That order, however, was in error given that "default judgments in confirmation/vacatur proceedings are generally inappropriate." D.H.
Summary: ORDER RONNIE ABRAMS , District Judge . On January 14, 2020 Petitioners filed a motion for default judgment against Respondent. Dkt. 16. On February 12, 2020, the Court issued an order requiring Respondent to show cause as to why a default judgment should not be entered in favor of Petitioners at a hearing scheduled on March 13, 2020 at 2:00 p.m. Dkt. 21. That order, however, was in error given that "default judgments in confirmation/vacatur proceedings are generally inappropriate." D.H. B..
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ORDER
RONNIE ABRAMS, District Judge.
On January 14, 2020 Petitioners filed a motion for default judgment against Respondent. Dkt. 16. On February 12, 2020, the Court issued an order requiring Respondent to show cause as to why a default judgment should not be entered in favor of Petitioners at a hearing scheduled on March 13, 2020 at 2:00 p.m. Dkt. 21.
That order, however, was in error given that "default judgments in confirmation/vacatur proceedings are generally inappropriate." D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006) (holding that "Rule 55 does not operate well in the context of a motion to confirm or vacate an arbitration award"). As the Second Circuit explained, "[a] motion to confirm or vacate an award is generally accompanied by a record, such as an agreement to arbitrate and the arbitration award decision itself, that may resolve many of the merits or at least command judicial deference." Id. Accordingly, the Court denies Petitioners' motion for a default judgment and cancels the order to show cause hearing scheduled on March 13, 2020. The Court will instead treat "the petition and accompanying record ... as akin to a motion for summary judgment based on the movant's submissions," id., and address the petition in short order.
SO ORDERED.
Source: Leagle
