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Dailey v. Legg Mason Wood Walker

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


June 19, 2009

DONALD F. DAILEY, JR., PLAINTIFF/COUNTERCLAIM DEFENDANT,
v.
LEGG MASON WOOD WALKER, INC., ET AL., DEFENDANT/COUNTERCLAIM PLAINTIFFS,

The opinion of the court was delivered by: Magistrate Judge Bissoon

ORDER

On June 15, 2009, Defendant Legg Mason Wood Walker, Inc., filed an Answer/ Opposition to Plaintiff's Petition to Vacate Arbitration Award. See Doc. 11. Along with the Answer, Defendant and others filed a Counterclaim/Petition to Confirm the Arbitration Award. See id. The Petitions to Vacate and Confirm are accompanied by supporting memoranda filed on behalf of the respective parties. See Pl.'s Petition to Vacate (Doc. 1) at 11-18; Countercl. Pls.' Mem. in Supp. of Pet. to Confirm (Doc. 13).

Given that petitions to confirm or vacate arbitration awards involve "summary proceeding[s]" presenting "issue[s] of law," district courts may treat them as motions for summary judgment. Troeller v. Alladeen, 2007 WL 2816197, *3 (E.D.N.Y. Sept. 27, 2007) (citations and internal quotations omitted). This approach is particularly appropriate here, because the parties already have filed briefs in support of their competing Petitions.

Thus, the Petitions to Vacate and Confirm are hereby construed as Cross-Motions for Summary Judgment, and Plaintiff shall file a response in opposition to the Motion for Summary Judgment to Confirm (see Docs. 11 & 13) on or before July 20, 2009. As previously directed, Plaintiff must file his opposition materials either as a registered user of CM/ECF or by submitting his document(s) in paper form to the Clerk's Office. See Order dated Jun. 1, 2009 (Doc. 10).

Given the pendency of the Cross-Motions for Summary Judgment, the Case Management Conference scheduled for July 21, 2009 at 10:00 a.m. is CANCELLED, and it will be rescheduled, if and as appropriate, by future order of the Court.

Finally, the Orders addressing the Parties' Willingness to Proceed before a Magistrate Judge (Doc. 14) and compliance with the undersigned's Practices and Procedures (see Doc. 12 at ¶ 4) remain in full force.

IT IS SO ORDERED.

Cathy Bissoon United States Magistrate Judge

20090619

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