Trustees Of The New York City District Council Of Carpenters Pension Fund v…

Background

The petitioners filed a petition under Section 301 of the Labor Management Relations Act of 1947 asking the court to confirm an arbitration award issued against James S. Mitchell & Sons, Inc. They also sought attorneys’ fees and costs incurred in the confirmation proceeding. The petition was served on November 19, 2021, but the respondent did not oppose it, seek more time to respond, or appear in the action.

The petitioners asked the court to treat the petition as an unopposed motion for summary judgment. Summary judgment is a decision based on the court’s determination that no disputed issue requiring a trial prevents judgment. Magistrate Judge Sarah L. Cave granted that request and later recommended granting the petition.

Magistrate Judge’s Recommendation

The recommendation proposed confirming the arbitration award and entering judgment for the petitioners in the amount of $4,204.50. That amount consisted of the $2,900 award, $1,227.50 in attorneys’ fees, and $77 in costs. The recommendation also proposed ordering the respondent to provide its books and records from July 1, 2018, to the present so the petitioners could conduct an audit, and awarding post-judgment interest under 28 U.S.C. § 1961.

Neither party objected to the recommendation or requested additional time to object. Without a timely objection, the district court reviewed the recommendation for clear error, meaning an obvious mistake in the magistrate judge’s findings or conclusions.

Ruling

Judge Vernon S. Broderick found no clear error and adopted Magistrate Judge Cave’s recommendation in its entirety. The court granted the petition and confirmed the arbitration award. It awarded the petitioners $4,204.50, consisting of the $2,900 award, $1,227.50 in attorneys’ fees, and $77 in costs, along with post-judgment interest under 28 U.S.C. § 1961.

The court also ordered the respondent to submit its books and records from July 1, 2018, to the present for an audit. The Clerk’s Office was directed to enter judgment, terminate any open motions, and close the case.