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

Background

On August 1, 2022, the petitioners filed a petition asking the court to confirm an arbitration award. The petitioners served North East Foundations LLC with the petition, supporting materials, and the court’s briefing schedule. North East’s opposition was due by August 26, 2022, but it neither responded 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. The court treated the petition as similar to a motion for summary judgment based on the petitioners’ submissions. It found that there was no genuine issue of material fact preventing summary judgment as to any part of the award. The court also concluded that the arbitrator’s decision had more than a minimally adequate justification and that no ground under Section 10(a) of the Federal Arbitration Act supported vacating the award.

The court further found that the petitioners had shown that their attorneys’ fees, billing rates, hours, and litigation costs were reasonable and necessary. It granted the request for prejudgment interest at a rate of 5.25 percent.

Disposition

Judge Jesse M. Furman granted the petitioners’ unopposed petition to confirm the entire arbitration award. The court also awarded attorneys’ fees and costs and prejudgment interest at 5.25 percent. The petitioners were directed to re-file their proposed judgment electronically by September 9, 2022, including a calculation of prejudgment interest.