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

Background

On December 30, 2019, the petitioners filed a petition asking the court to confirm an arbitration award. The court established a schedule for the petitioners’ supporting materials, Excellence Drywall LLC’s opposition, and the petitioners’ reply. The petitioners served Excellence Drywall with the petition, supporting materials, and briefing schedule. Excellence Drywall’s opposition was due January 30, 2020, but it did not respond or seek relief from the award.

Court’s Analysis

The court treated the unopposed petition like a motion for summary judgment based on the petitioners’ submissions. Summary judgment is appropriate when there is no genuine dispute of material fact requiring a trial. The court found no such dispute concerning any part of the award. It also determined that the arbitrator’s decision provided more than a minimally supportable basis for its result.

The court found no basis under Section 10(a) of the Federal Arbitration Act to vacate, or cancel, the award. It further concluded that the petitioners had proved that their requested attorneys’ fees and costs were reasonable and necessary, including the time spent, rates charged, and litigation costs. The court also granted prejudgment interest at a rate of nine percent.

Ruling

Judge Jesse M. Furman granted the petitioners’ unopposed petition to confirm the entire arbitration award. The court also awarded the petitioners attorneys’ fees, costs, and nine-percent prejudgment interest. The petitioners were directed to file a proposed judgment electronically by March 18, 2020. The opinion does not state the amount or underlying subject matter of the arbitration award.