Mercer v. Erin Stewart, LLC ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT L. MERCER, as trustee of the ROBERT L. MERCER REVOCABLE TRUST, Petitioner, 23 Civ. 10588 (KPF) “Ve~ ORDER ERIN STUART LLC, Respondent. KATHERINE POLK FAILLA, District Judge: On December 4, 2023, Petitioners filed a petition to confirm an arbitration award. (Dkt. # 1). Proceedings to 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). Accordingly, it is hereby ORDERED that Petitioner shall move for confirmation of the arbitral award in the form of a motion for summary judgment — in accordance with Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York — by April 26, 2024. Respondent’s opposition, if any, is due on May 24, 2024. Petitioner’s reply, if any, is due June 7, 2024. SO ORDERED. Pa eae Hlth Fa Fl KATHERINE POLK FAILLA United States District Judge