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S.D.N.Y.Substantive rulingFiled Jan. 19, 2024

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. Prime Installations Inc.

Judge
Subramanian
Docket
1:23-cv-10349
Court
U.S. District Court · Southern District of New York
Pages
3
ArbitrationContractSummary JudgmentFee Petition
In one sentence

In Trustees v. Prime Installations, Judge Subramanian confirmed the arbitration award and entered judgment for the Trustees, including fees, costs, and interest.

Who this affects

The ruling affected the Trustees as petitioners and Prime Installations Inc. as respondent. It confirmed the arbitration award and required Prime Installations to pay the amounts listed in the judgment, including fees, costs, and interest.

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. Prime Installations Inc., the Trustees asked the court to confirm an arbitration award. Prime Installations did not respond or seek relief from the award.

After reviewing the petition and supporting materials, the court found no genuine factual dispute preventing judgment and found no basis under the Federal Arbitration Act to cancel the award. The court also awarded attorneys’ fees, costs, and post-judgment interest.

Judge Arun Subramanian granted the petition and motion, confirmed the award in all respects, and entered judgment for the Trustees. The judgment awarded $626,503.05 plus $16,143.18 in interest under the award, $7,068 in attorneys’ fees, $160.40 in costs, and post-judgment interest at the statutory rate.

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. 1:23-cv-10349
Judge
Subramanian
Date
Jan. 19, 2024

Background

On November 27, 2023, the Trustees filed a petition to confirm an October 12, 2023, arbitration award. The court set a briefing schedule and the Trustees served Prime Installations with the petition, supporting materials, and schedule. Prime Installations’s opposition was due January 12, 2024, but it neither responded to the petition nor sought relief from the award.

Court’s analysis

The court treated the unopposed petition like a motion for summary judgment based on the Trustees’ submissions. It found no genuine issue of material fact preventing judgment on all portions of the award. The court also concluded that the arbitrator’s decision provided more than a “barely colorable justification” for its result and that there was no basis under Section 10(a) of the Federal Arbitration Act to vacate the award.

The court determined that the Trustees had proved the reasonableness and necessity of their attorneys’ hours, billing rates, and litigation costs. It also concluded that post-judgment interest under 28 U.S.C. § 1961(a) was mandatory and applied to an action confirming an arbitration award.

Ruling and judgment

Judge Arun Subramanian ordered and adjudged that the petition and motion were granted, the arbitration award was confirmed in all respects, and judgment was entered for the Trustees against Prime Installations. The judgment awarded:

- $626,503.05, plus interest from October 12, 2023, at an annual rate of 9.5%, totaling $16,143.18 under the award; - $7,068 in attorneys’ fees for this proceeding; - $160.40 in costs for this proceeding; and - Post-judgment interest at the statutory rate.

The authoritative version

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

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