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

Background

On March 15, 2021, the petitioners filed a petition asking the court to confirm an arbitration award. The court set deadlines for the petitioners’ supporting materials, 4343 Corp.’s opposition, and the petitioners’ reply. The petitioners served 4343 Corp. with the petition, supporting materials, and briefing schedule. 4343 Corp.’s opposition was due April 13, 2021.

After 4343 Corp. did not respond, the court ordered it to show why the petition should not be treated as unopposed. The opinion states that 4343 Corp. neither responded to the petition nor sought relief from the award.

Court’s Analysis

The court explained that an unopposed petition to confirm an arbitration award must still be reviewed like a motion for summary judgment based on the petitioner’s submissions. Summary judgment is a decision entered when the record shows no genuine dispute over a material fact requiring a trial.

After reviewing the petition and supporting materials, the court found no genuine issue of material fact preventing summary judgment as to any portion of the award. It concluded that the arbitrator’s decision provided more than a “barely colorable justification” for its result. The court also found no justification under Section 10(a) of the Federal Arbitration Act for vacating the award.

The petitioners also requested attorneys’ fees and costs. The court found that they had proved the reasonableness and necessity of the hours worked, rates charged, and litigation costs incurred.

Ruling

The court granted the petitioners’ unopposed petition to confirm the entire arbitration award. It also awarded the petitioners their requested attorneys’ fees and costs. The court stated that judgment would be entered separately that day.