Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. BCM Drilling Company, L.L.C.

Filing 16

ADOPTION ORDER - Accordingly, the Court adopts Judge Browns February 27, 2015 Report and Recommendation in its entirety. The Court (1) treats the motion for a default judgment as an unopposed motion for summary judgment; (2) confirms the arbitration award; and (2) awards the Plaintiffs $40,856.18 plus interest from the date of the arbitration through the date of judgment at the rate of 0.75% per month, and $2,125.50 in attorneys fees and costs. The Clerk of the Court is respectfully directed to enter judgment consistent with this Adoption Order and to close the case. So Ordered by Judge Arthur D. Spatt on 3/18/2015. c/m to Judgment Clerk via cm/ecf. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------X
TRUSTEES OF EMPIRE STATE
CARPENTERS ANNUNITY,
APPRENTICESHIP, LABOR-MANAGEMENT
COOPERATION, PENSION AND WELFARE
FUNDS,

ADOPTION ORDER
13-cv-6364 (ADS)(GRB)

Plaintiffs,
-againstBCM DRILLING COMPANY, L.L.C., also
known as BCM Drilling,
Defendant.
--------------------------------------------------------X
APPEARANCES:
Virginia & Ambinder LLP
Attorneys for the Plaintiff
111 Broadway
14th Floor - Suite 1403
New York, NY 10006
By:
Charles R. Virginia, Esq.
Richard B. Epstein, Esq.
Michael Howard Isaac, Esq., of Counsel
NO APPEARANCE:
The Defendant BCM Drilling Company, L.L.C., also known as BCM Drilling

SPATT, District Judge.
On November 18, 2013, the Plaintiffs Trustees of the Empire State Carpenters Annuity,
Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds (the “Plaintiff”)
commenced this action under Section 502(a)(3) of the Employee Retirement Income Security
Act of 1974 (“ERISA”), as amended, 29 U.S.C. § 1132(a)(3), Section 301 of the Labor
Management Relations Act of 1947 (“LMRA”), as amended, 29 U.S.C. § 185; and Section 9 of

the Federal Arbitration Act, 9 U.S.C. § 9, to confirm and enforce an Arbitrator’s Award rendered
pursuant to a collective bargaining agreement between the Northeast Regional Council of
Carpenters and the Defendant, BCM Drilling Company, L.L.C. also known as BCM Drilling (the
“Defendant”).
On March 19, 2014, the Clerk of the Court noted the default of the Defendant. On April
10, 2014, the Plaintiffs moved for a default judgment. On April 11, 2014, the Court referred this
matter to United States Magistrate Judge Gary R. Brown for a recommendation as to whether the
motion for a default judgment should be granted, and if so, whether damages should be awarded,
including reasonable attorneys’ fees and costs.
On February 27, 2015, Judge Brown issued a Report recommending that (1) the motion
for a default judgment be construed as an unopposed motion for summary judgment consistent
with Second Circuit precedent; (2) the arbitration award be confirmed; (2) the Plaintiffs be
awarded $40,856.18 plus interest from the date of the arbitration through the date of judgment at
the rate of 0.75% per month, and $2,125.50 in attorneys’ fees and costs.
More than fourteen days have elapsed since service of the Report and Recommendation
on the Defendant, which has failed to file an objection.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has
reviewed the February 27, 2015 Report and Recommendation for clear error, and finding none,
now concurs in both its reasoning and its result. See Trustees of Empire State Carpenters
Annuity, Apprenticeship, Labor-Mgmt. Cooperation, Pension & Welfare Funds v. C. Downing
Enterprises LLC, No. 14-CV-323 (ADS)(AKT), 2015 WL 1042481, at *1 (E.D.N.Y. Mar. 10,
2015)(reviewing Report and Recommendation without objections for clear error).

Accordingly, the Court adopts Judge Brown’s February 27, 2015 Report and
Recommendation in its entirety. The Court (1) treats the motion for a default judgment as an
unopposed motion for summary judgment; (2) confirms the arbitration award; and (2) awards the
Plaintiffs $40,856.18 plus interest from the date of the arbitration through the date of judgment at
the rate of 0.75% per month, and $2,125.50 in attorneys’ fees and costs. The Clerk of the Court
is respectfully directed to enter judgment consistent with this Adoption Order and to close the
case.
SO ORDERED.
Dated: Central Islip, New York
March 18, 2015
__
Arthur D. Spatt
ARTHUR D. SPATT
United States District Judge

_