Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Arbor Interiors, Inc.

Filing 15

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 $22,726.11 plus interest from the date of the arbitration through the date of judgment at the rate of 0.75% per month, and $980.00 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
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TRUSTEES OF EMPIRE STATE
CARPENTERS ANNUITY,
APPRENTICESHIP, LABOR MANAGEMENT
COOPERATION, PENSION AND WELFARE
FUNDS,

ADOPTION ORDER
14-cv-325 (ADS)(GRB)

Plaintiffs,
-againstARBOR INTERIORS, INC.,
Defendant.
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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., Of Counsel
NO APPEARANCE:
The Defendant
SPATT, District Judge.
On January 15, 2014, the Plaintiffs Trustees of the Empire State Carpenters Annuity,
Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds (the “Plaintiffs”)
filed this action against the Defendant Arbor Interiors, Inc. (the “Defendant”) to confirm and
enforce an arbitration award under section 301 of the Labor Management Relations Act
(“LMRA”), 29 U.S.C. § 185, section 502(e)(1) of the Employee Retirement Income Security Act
(“ERISA”), 29 U.S.C. § 1132(e)(1), and the Federal Arbitration Act (“FAA”), 9 U.S.C. § 9.
On March 19, 2014, the Clerk of the Court noted the default of the Defendant.
On May 7, 2014, the Plaintiffs moved for a default judgment.

On May 13, 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, (1) whether damages should be awarded, including reasonable attorney’s fees
and costs, and (2) whether any other relief should be granted.
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 $22,726.11 plus interest from the date of the arbitration through the date of judgment at
the rate of 0.75% per month, and $980.00 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 $22,726.11 plus interest from the date of the arbitration through the date of judgment at
the rate of 0.75% per month, and $980.00 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

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