Drywall Tapers and Pointers of Greater New York Local Union 1974 v. National…

Background

On December 22, 2022, the petitioner filed a petition to confirm an arbitration award. The court set a briefing schedule, and the petitioner served the respondent with the petition, supporting materials, and schedule. The respondent’s opposition was due January 20, 2023. The respondent did not oppose the petition or otherwise seek relief from the award.

Court’s analysis

Because the petition was unopposed, the court treated it like a motion for summary judgment based on the petitioner’s submissions. The court reviewed the petition and supporting materials and found no genuine issue of material fact preventing summary judgment as to any portion of the award. It also found that the arbitrator’s decision provided more than a “barely colorable justification” for its result. The court found no justification under Section 10(a) of the Federal Arbitration Act for vacating, or canceling, the award.

The petitioner also argued that it was entitled to attorneys’ fees and costs incurred in bringing the petition. The court stated that the petitioner might be entitled to those amounts because fees and costs may be awarded when a party refuses without justification to comply with an arbitration decision. But the petitioner had not submitted materials proving the amount, reasonableness, and necessity of the requested fees and costs.

Ruling

Judge Jesse M. Furman granted the petitioner’s unopposed petition to confirm the entire arbitration award. The court directed the petitioner to file materials supporting its entitlement to attorneys’ fees and costs, including contemporaneous billing records, by February 6, 2023. It also directed the petitioner to file a proposed judgment electronically by February 13, 2023. The opinion does not state the contents or amount of the arbitration award.