Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Display Presentations, Ltd.
MEMORANDUM & ORDER: Judge Lockes R&R (Docket Entry 34) is ADOPTED in itsentirety. Plaintiffs motion for summary judgment (Docket Entry 24) is GRANTED, the Arbitration Award is hereby CONFIRMED, Plaintiffs are awarded $163,340.48 in damages, and Defendants request to vacate the Arbitration Award for lack ofjurisdiction is DENIED. The Clerk of the Court is directed to (1) enter judgment in favor of Plaintiffs and against Defendants in the amount of $163,340.48 and (2) mark this case CLOSED. So Ordered by Judge Joanna Seybert on 8/10/2016. (Ortiz, Grisel)
8/10/2016 4:24 pm
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
LONG ISLAND OFFICE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
TRUSTEES OF EMPIRE STATE
CARPENTERS ANNUITY, APPRENTICESHIP,
PENSION and WELFARE FUNDS,
MEMORANDUM & ORDER
DISPLAY PRESENTATIONS, LTD.,
Charles R. Binder, Esq.
Elina Burke, Esq.
Jonathan Roffe, Esq.
Nicole Marimon, Esq.
Richard B. Epstein, Esq,
Virginia & Ambinder LLP
40 Broad St., 7th Fl.
New York, New York 10004
Harold F. Damm, Esq.
Ciotti & Damm, LLP
1551 Kellum Place
Mineola, New York 11501
SEYBERT, District Judge:
summary judgment seeking to confirm an arbitration award (Docket
Entry 24) and Magistrate Judge Steven I. Locke’s Report and
Plaintiff’s motion for summary judgment.
(Docket Entry 34.)
the following reasons, the Court ADOPTS Judge Locke’s R&R in its
This action was commenced on July 11, 2014, by plaintiffs
Plaintiffs brought this action seeking to confirm
and enforce a May 20, 2014 Finding of Audit, Collection Award, and
Order rendered by an arbitrator (the “Arbitration Award”).
On September 30, 2015, Plaintiffs moved for summary
judgment seeking confirmation and enforcement of the Arbitration
(Docket Entry 24.)
On April 12, 2016, the undersigned
referred Plaintiff’s motion to Judge Locke for an R&R on whether
the motion should be granted.
(Docket Entry 32.)
On July 12, 2016, Judge Locke issued his R&R.
The R&R recommends that the Court grant Plaintiffs’
motion for summary judgment. (R&R at 2.)
Specifically, The R&R
recommends that: (1) the arbitrator’s award be confirmed, (2)
judgment for Plaintiffs be entered in the amount of $163,340.48,
and (3) Defendant’s request to vacate the Arbitration Award for
lack of jurisdiction be denied.
(R&R at 7-8.)
In reviewing an R&R, a district court “may accept,
§ 636(b)(1)(C). If no timely objections have been made, the “court
need only satisfy itself that there is no clear error on the face
of the record.”
Urena v. New York, 160 F. Supp. 2d 606, 609-10
(S.D.N.Y. 2001) (internal quotation marks and citation omitted).
Objections were due within fourteen days of service of
The time for filing objections has expired, and no party
Accordingly, all objections are hereby deemed to
have been waived.
Upon careful review and consideration, the Court finds
Judge Lockes’s R&R to be comprehensive, well-reasoned, and free of
clear error, and it ADOPTS the R&R in its entirety.
Judge Locke’s R&R (Docket Entry 34) is ADOPTED in its
Plaintiff’s motion for summary judgment (Docket Entry
[BOTTOM OF PAGE INTENTIONALLY LEFT BLANK]
CONFIRMED, Plaintiffs are awarded $163,340.48 in damages, and
Defendant’s request to vacate the Arbitration Award for lack of
jurisdiction is DENIED.
The Clerk of the Court is directed to (1)
enter judgment in favor of Plaintiffs and against Defendants in
the amount of $163,340.48 and (2) mark this case CLOSED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
10 , 2016
Central Islip, New York
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