Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Curtis Partition Corp.

Filing 10

DECISION AND ORDER temporarily granting in part and denying in part 7 Motion for Default Judgment; The Clerk of the Court having noted the default of the Defendant on February 16, 2014, and the Funds having moved for a default judgment against the Defendant on April 2, 2014, the Court hereby respectfully refers this matter to United States Magistrate Judge Arlene R. Lindsay for a recommendation as to whether the motion for a default judgment should be granted, and if so, whether damages shoul d be awarded, including reasonable attorneys fees and costs. The Clerk of the Court is directed to note the referral of this matter. So Ordered by Judge Arthur D. Spatt on 4/5/14. REFERRING MOTION: 7 MOTION for Default Judgment referred to Judge Arlene R. Lindsay. (Coleman, Laurie)

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

DECISION AND ORDER
14-cv-324 (ADS)(ARL)

Plaintiffs,
-againstCURTIS PARTITION CORP.,
Defendants.
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APPEARANCES:
Virginia & Ambinder, LLP
Attorneys for the Plaintiffs
111 Broadway, Suite 1403
New York, NY 10006
By:
Richard B. Epstein, Esq.
Elina Turetskaya, Esq., of counsel
NO APPEARANCES:
The Defendant

SPATT, District Judge.
On January 15, 2014, the Plaintiffs Trustees of the Empire State Carpenters Annuity,
Labor-Management Cooperation, Pension and Welfare Funds (collectively the “Funds”)
commenced this action against the Defendant Curtis Partition Corp. (the “Defendant”) under
Section 502(a)(3) of the Employee Retirement Income Security Act of 1974, as amended, 29
U.S.C. § 1132(a)(3); Section 301 of the Labor Management Relations Act of 1947, as amended,
29 U.S.C. § 1985; 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
Empire State Regional Council of Carpenters and The Association of Wall, Ceiling, and
Carpentry Industry of New York. The Clerk of the Court having noted the default of the
Defendant on February 16, 2014, and the Funds having moved for a default judgment against the
Defendant on April 2, 2014, the Court hereby respectfully refers this matter to United States
Magistrate Judge Arlene R. Lindsay 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 attorney’s fees and costs. The Clerk of the Court is directed to note the referral of
this matter.
SO ORDERED.
Dated: Central Islip, New York
April 5, 2014

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Arthur D. Spatt
ARTHUR D. SPATT
United States District Judge

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