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S.D.N.Y.Substantive rulingFiled Sept. 13, 2023

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

Full caption

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. Shelbourne Construction Corp.

Judge
Vernon Broderick
Docket
1:21-cv-03237
Court
U.S. District Court · Southern District of New York
Pages
3
ArbitrationContractCivil Procedure
In one sentence

In Trustees of the New York City District Council of Carpenters v. Shelbourne Construction Corp., Judge Broderick confirmed an arbitration award and awarded fees and costs.

Who this affects

The petitioning funds, trustees, alliance, and union, and Shelbourne Construction Corp. The judgment is to require Shelbourne to pay $295,912.36 plus the specified interest, $700 in attorneys’ fees, and $75 in costs.

What happened

In Trustees of the New York City District Council of Carpenters v. Shelbourne Construction Corp., the petitioners asked the court to confirm and enforce a December 9, 2020 arbitration award against Shelbourne Construction Corp. Shelbourne did not oppose the petition or appear in the case.

A magistrate judge recommended confirming the award for $295,912.36, plus 5.25% interest from the award date through judgment. The recommendation also called for $700 in attorneys’ fees, $75 in costs, and post-judgment interest under federal law. Neither side objected.

Judge Vernon S. Broderick found no clear error, adopted the recommendation in its entirety, directed the Clerk’s Office to enter judgment, and closed the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Trustees Of The New York City District Council Of Carpenters Pension Fund v… · No. 1:21-cv-03237
Judge
Vernon Broderick
Date
Sept. 13, 2023

Background

The petitioners brought the action under Section 301 of the Labor Management Relations Act to confirm and enforce a December 9, 2020 arbitration award against Shelbourne Construction Corp. They also requested post-judgment interest, attorneys’ fees, and costs. The opinion states that Shelbourne did not oppose the petition and did not otherwise appear.

Report and Recommendation

Magistrate Judge Valerie Figueredo recommended that the court confirm the arbitration award requiring Shelbourne to pay $295,912.36, plus interest from the award date through the date of judgment at 5.25%. She also recommended awarding $700 in attorneys’ fees, $75 in costs, and post-judgment interest calculated under 28 U.S.C. § 1961. Neither party filed objections or requested additional time to object.

Ruling

Judge Vernon S. Broderick reviewed the report and recommendation for clear error because no timely objections had been filed. He found no clear error and adopted the report and recommendation in its entirety. The court directed the Clerk’s Office to terminate any open motions, enter judgment consistent with the order, and close the case.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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