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

Background

The petitioners filed a petition to confirm a March 23, 2023 arbitration award. The court set a schedule for additional supporting materials, the respondent’s opposition, and the petitioners’ reply. The petitioners served South Island Installers with the petition, supporting materials, and briefing schedule. South Island Installers did not respond to 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 petitioners’ submissions. The court found no genuine issue of material fact preventing summary judgment as to any part of the award. It concluded that the arbitrator’s decision provided more than a barely colorable justification for its result. The court also found no basis under Section 10(a) of the Federal Arbitration Act to vacate the award.

The court awarded the petitioners the attorneys’ fees and costs they requested, finding that they had shown the hours worked, rates charged, and litigation costs were reasonable and necessary. The court also awarded post-judgment interest at the statutory rate under 28 U.S.C. § 1961(a), beginning when judgment was entered and continuing until payment.

Ruling

Judge Arun Subramanian ordered that the petition and motion were granted. The court confirmed the arbitration award in all respects and entered judgment for the petitioners against South Island Installers. The judgment required South Island Installers to make its books and records available for an audit covering April 1, 2021, through the present, in accordance with the award. It also awarded the petitioners $877,749.60 under the award, $6,711.50 in attorneys’ fees, $155.76 in costs from the court proceeding, and post-judgment interest at the statutory rate.