Trustees for The Mason Tenders District Council Welfare Fund v. Seagull Service…
Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund v. Seagull Service Corp.
- Vernon Broderick
- 1:18-cv-05824
- U.S. District Court · Southern District of New York
- 3
Mason Tenders Funds v. Seagull Service Corp.: Judge Broderick confirmed a $66,570.26 arbitration award against Seagull, plus post-judgment interest.
The petitioning Funds and Union representatives obtained confirmation of a $66,570.26 arbitration award against Seagull Service Corp., which was also assessed post-judgment interest until payment.
What happened
In Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund v. Seagull Service Corp., the petitioners asked the court to confirm an arbitration award for $66,570.26. Seagull did not appear, oppose the petition, or request more time to respond.
A magistrate judge recommended granting the petition. Because neither side objected, the court reviewed that recommendation for clear error and found none.
Judge Vernon S. Broderick adopted the recommendation in full, granted the petition, and confirmed the arbitration award. The court awarded $66,570.26 plus post-judgment interest under federal law until payment, directed service of the order on Seagull, entered judgment, and closed the case.
The detailed version
- Trustees for The Mason Tenders District Council Welfare Fund v. Seagull Service… · No. 1:18-cv-05824
- Vernon Broderick
- June 13, 2022
Background
The Funds, John J. Virga in his capacity as Director, and Robert Bonanza as Business Manager of the Mason Tenders District Council of Greater New York filed a petition under Section 301 of the Labor Management Relations Act of 1947. They asked the court to confirm an arbitration award against Seagull Service Corp., doing business as Seagull Construction Services, in the amount of $66,570.26, with interest to accrue from the date judgment was entered.
The petition and summons were served on Seagull through the New York Secretary of State on July 24, 2018. The petitioners later served supporting papers by certified mail at Seagull’s last known address. Seagull did not oppose the petition, request additional time to respond, or appear in the action.
Report and Recommendation
The court referred the case to Magistrate Judge Barbara Moses, who issued a report and recommendation on December 9, 2021. She recommended granting the petition and confirming the award for $66,570.26, plus post-judgment interest at the rate provided by 28 U.S.C. § 1961 from the date judgment was entered until payment.
Neither party objected to the report and recommendation or requested additional time to do so. When no objection is filed, the district court reviews the recommendation for clear error, meaning an obvious mistake in the magistrate judge’s findings or conclusions. Judge Broderick conducted that review and 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 court awarded the petitioners $66,570.26 plus post-judgment interest at the rate provided by 28 U.S.C. § 1961 from the date judgment was entered until the amount was paid.
The court ordered the petitioners to serve the order on Seagull by mail at its last known address or through the New York Secretary of State and to file proof of service. The Clerk’s Office was directed to terminate any open motions, enter judgment consistent with the order, and close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.