Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Display Presentations, Ltd.

Filing 35

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)

FILED 
CLERK 

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
---------------------------------------X
TRUSTEES OF EMPIRE STATE
CARPENTERS ANNUITY, APPRENTICESHIP,
LABOR-MANAGEMENT COOPERATION,
PENSION and WELFARE FUNDS,
Plaintiff,
-against-

MEMORANDUM & ORDER
14-CV-4265(JS)(SIL)

DISPLAY PRESENTATIONS, LTD.,
Defendants.
---------------------------------------X
APPEARANCES
For Plaintiffs:
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
For Defendant:

Harold F. Damm, Esq.
Ciotti & Damm, LLP
1551 Kellum Place
Mineola, New York 11501

SEYBERT, District Judge:
Pending

before

the

Court

is

Plaintiffs’

motion

for

summary judgment seeking to confirm an arbitration award (Docket
Entry 24) and Magistrate Judge Steven I. Locke’s Report and
Recommendation

(“R&R”),

recommending

Plaintiff’s motion for summary judgment.

that

this

Court

(Docket Entry 34.)

grant
For

the following reasons, the Court ADOPTS Judge Locke’s R&R in its
entirety.

BACKGROUND
This action was commenced on July 11, 2014, by plaintiffs
Trustees

of

Empire

Labor-Management

State

Carpenters

Cooperation,

Annuity,

Pension

defendant

Display

and

Apprenticeship,
Welfare

Funds

(“Plaintiffs”)

against

Presentations,

Ltd.

(“Defendant”).

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”).

(R&R

at 1.)
On September 30, 2015, Plaintiffs moved for summary
judgment seeking confirmation and enforcement of the Arbitration
Award.

(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.
Entry 34.)

(Docket

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.)

2

DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

recommendations

made

in
by

whole
the

or

in

part,

magistrate

the

findings

judge.”

28

and

U.S.C.

§ 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 R&R.

The time for filing objections has expired, and no party

has objected.

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.
CONCLUSION
Judge Locke’s R&R (Docket Entry 34) is ADOPTED in its
entirety.

Plaintiff’s motion for summary judgment (Docket Entry

[BOTTOM OF PAGE INTENTIONALLY LEFT BLANK]

3

24)

is

GRANTED,

the

Arbitration

Award

is

hereby

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.

SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

August
10 , 2016
Central Islip, New York

4