Stage Directors and Choreographers Society v. Paradise Square Broadway Limited…

Background

Stage Directors and Choreographers Society (SDC), a collective bargaining representative for professional stage directors and choreographers, petitioned under Section 301(c) of the Labor Management Relations Act to confirm an arbitration award against Paradise Square Broadway Limited Partnership. The dispute arose under a collective bargaining agreement between SDC and the Broadway League. The agreement required arbitration of disputes concerning its interpretation or application.

The dispute concerned payments allegedly owed to individuals represented by SDC for directorial and choreographic services connected with the theatrical production Paradise Square. The payments included fees, advances, royalties, pension and health contributions, and union dues. On May 18, 2022, SDC and Paradise Square Broadway agreed to a joint stipulation containing the facts, the issue for decision, and a stipulated remedy totaling $140,285.94.

Arbitrator Marlene Gold issued an award on May 31, 2022. Based on the stipulation and supporting exhibits, she ordered Paradise Square Broadway to pay SDC $140,285.94. After Paradise Square Broadway did not comply with SDC’s demand, SDC filed this action on July 22, 2022. Although it was served, Paradise Square Broadway did not oppose the petition or otherwise appear.

Court’s Analysis

The court treated the filing labeled a complaint as a petition to confirm the arbitration award. It explained that arbitration awards are not automatically enforceable as court judgments and generally must be confirmed by a court. Judicial review of an arbitration award is extremely limited; confirmation is generally required unless the award is vacated, modified, or corrected.

Because the respondent did not appear, the court evaluated the request under the standards for summary judgment, which asks whether there is any genuine dispute about an important fact and whether the requesting party is entitled to judgment under the law. The court emphasized that an unopposed request cannot be granted automatically; the requesting party must still provide enough evidence to show that judgment is warranted.

The court found that SDC met that burden. The arbitrator acted within the authority granted by the parties and found, based on stipulated facts, that the producers of Paradise Square violated the collective bargaining agreement by failing to fully compensate Moises Kaufman, Bill T. Jones, Alex Sanchez, Garrett Coleman, and Jason Oremus for their directorial and choreographic services. The court also noted that Paradise Square Broadway had consented to the award. It found at least a minimally sufficient legal basis—and, by all indications, a stronger basis—for the arbitrator’s result.

Fees, Costs, and Interest

SDC also sought attorneys’ fees and costs incurred in confirming the award. The court found such an award appropriate because Paradise Square Broadway had agreed to the amount owed, failed to comply with the award, and failed to respond to the court proceeding. SDC documented 31 hours of legal work, including work by one partner charging $375 per hour and two associates charging $275 per hour, totaling $9,335 in attorneys’ fees. The court also found reasonable and documented $402 in filing fees and $158 in process-server fees.

The court therefore awarded SDC $9,895 in attorneys’ fees and costs. It also awarded post-judgment interest under 28 U.S.C. § 1961(a), beginning when judgment was entered and continuing until payment. The court explained that such interest is mandatory on qualifying money judgments and applies to judgments confirming arbitration awards.

Disposition

Judge Engelmayer confirmed the arbitration award in favor of SDC. The Clerk was directed to enter judgment for SDC against Paradise Square Broadway for $140,285.94, plus post-judgment interest under 28 U.S.C. § 1961(a), and $9,895 in attorneys’ fees and costs. The Clerk was also directed to close the case.