Trustees Of The New York City District Council Of Carpenters Pension Fund v. M…
Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. M & RR Construction Corp.
- Vernon Broderick
- 1:22-cv-06467
- U.S. District Court · Southern District of New York
- 3
Trustees of the NYC Carpenters Funds v. M & RR Construction Corp.: Judge Broderick confirmed an arbitration award and entered judgment for the petitioners.
The petitioners obtained confirmation of the arbitration award, judgment for $3,145 plus pre- and post-judgment interest, and the recommended attorneys’ fees and costs. M & RR Construction Corp. is the respondent against which the award was confirmed and judgment entered.
What happened
In Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund v. M & RR Construction Corp., the petitioners asked the court to confirm a May 24, 2022 arbitration award under the Labor Management Relations Act. M & RR Construction Corp. did not oppose the petition or appear in the case.
A magistrate judge recommended granting the petition, confirming the award, entering judgment for $3,145—consisting of $2,900 in award funds, $168 in attorneys’ fees, and $77 in costs—and awarding pre- and post-judgment interest. Neither party objected to that recommendation.
Judge Vernon S. Broderick found no clear error, adopted the recommendation in its entirety, directed entry of judgment, and closed the case.
The detailed version
- Trustees Of The New York City District Council Of Carpenters Pension Fund v. M… · No. 1:22-cv-06467
- Vernon Broderick
- Sept. 13, 2023
Background
The petitioners filed an action under Section 301 of the Labor Management Relations Act seeking confirmation of a May 24, 2022 arbitration award against M & RR Construction Corp. They also sought pre- and post-judgment interest, attorneys’ fees, and costs. The opinion identifies the petitioners as the ERISA Funds, the Charity Fund, the Carpenter Contractor Alliance of Metropolitan New York, and the New York City District Council of Carpenters. M & RR Construction Corp. did not oppose the petition and did not otherwise appear.
Magistrate Judge’s Recommendation
Judge Broderick had referred the case to Magistrate Judge Sarah L. Cave. Judge Cave recommended that the petition be granted, the arbitration award be confirmed, and judgment be entered for $3,145. That amount consisted of the $2,900 award, $168 in attorneys’ fees, and $77 in costs. She also recommended awarding pre-judgment interest and post-judgment interest under 28 U.S.C. § 1961. Neither party filed objections or requested additional time to object.
Ruling
When no timely objection is filed, the district court reviews a magistrate judge’s report and recommendation for clear error on the record. Judge Broderick reviewed Judge Cave’s report and found no clear error. He therefore adopted the report and recommendation in its entirety. 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.