Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Icon…

Background

On October 8, 2024, the petitioners sought confirmation of an arbitration award. The court set a briefing schedule and the petitioners served Icon Contracting Group with the petition, supporting materials, and schedule. Icon Contracting Group’s opposition was due November 20, 2024, but it did not respond to the petition or otherwise seek relief from the award.

Court’s analysis

The court treated the unopposed petition as similar to a motion for summary judgment based on the petitioners’ submissions. Summary judgment is appropriate when there is no genuine dispute about a material fact requiring a trial. The court found no such dispute concerning any portion of the arbitration award. It also concluded that the arbitrator’s decision provided more than a “barely colorable justification” for its result and that Section 10(a) of the Federal Arbitration Act provided no basis for vacating the award.

The court further found that the petitioners had proved that their requested attorneys’ fees and costs were reasonable and necessary, including the hours worked, rates charged, and litigation costs incurred. Although the petitioners did not seek pre-judgment interest, the court stated that post-judgment interest was mandatory and granted interest under 28 U.S.C. § 1961(a), accruing at the statutory rate from the date judgment is entered until payment.

Disposition

The court granted the petitioners’ unopposed petition to confirm the arbitration award. It also awarded the petitioners attorneys’ fees and costs and granted their request for post-judgment interest. The petitioners had to file a proposed judgment electronically by February 7, 2025.