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

Background

The petitioners—the trustees of several funds, the New York City District Council of Carpenters, and the Carpenter Contractor Alliance of Metropolitan New York—asked the court to confirm an arbitration award against Bilt NYG, Inc. They brought the petition under Section 301 of the Labor Management Relations Act of 1947 and also requested attorney’s fees and costs incurred in the confirmation proceeding.

The petitioners sought confirmation of an award totaling $39,068.74, with interest at 6.75% per year from March 6, 2020, the date of the award, through the date of judgment. Bilt did not oppose the petition, request more time to respond, or appear in the case.

Procedural History

The court referred the matter to Magistrate Judge Sarah Netburn for a report and recommendation. The petitioners asked her to treat the unopposed petition as an unopposed motion for summary judgment, and she granted that request. On November 19, 2020, Magistrate Judge Netburn recommended granting the petition and confirming the arbitration award.

Neither party objected to the report and recommendation or requested additional time to do so. Because there were no objections, Judge Broderick reviewed the recommendation for clear error rather than conducting a fresh review of the disputed issues. He found no clear error.

Ruling

Judge Vernon S. Broderick adopted the report and recommendation in its entirety. The petition was granted, and the arbitration award was confirmed. The petitioners were awarded $39,068.74, with interest at 6.75% per year from March 6, 2020, until the date of judgment. They were also awarded $525 in attorney’s fees, $70 in costs and service fees, and post-judgment interest under 28 U.S.C. § 1961(a).

The court directed the Clerk’s Office to terminate any open motions, enter judgment consistent with the order, and close the case.