Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Oneidaview Pile Driving Inc.

Filing 11

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Tomlinson's R&R (Docket Entry 8) is ADOPTED in its entirety. The Court is directed to enter judgment in favor of Petitioner and against Respondent in the amount of $33,675.57 plu s $275 in attorneys' fees and $440 in costs, for a total of $34,390.57. Petitioner's application for pre-judgment interest is DENIED WITHOUT PREJUDICE, however, Petitioner may renew its application for pre-judgment interest w ithin thirty (30) days of the date of this Memorandum & Order. Petitioner is directed to serve a copy of this Memorandum & Order on Respondent and file proof of service. The Clerk of the Court is directed to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 5/4/2016. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
TRUSTEES OF EMPIRE STATE CARPENTERS
ANNUITY, APPRENTICESHIP, LABORMANAGEMENT COOPERATION, PENSION
and WELFARE FUNDS,
Petitioner,
-against-

MEMORANDUM & ORDER
15-CV-3357(JS)(AKT)

ONEIDAVIEW PILE DRIVING INC.,
Respondent.
---------------------------------------X
APPEARANCES
For Petitioners:
Charles R. Virginia, Esq.
Nicole Marimon, Esq.
Elina Burke, Esq.
Virginia & Ambinder LLP
40 Broad Street, 7th floor
New York, NY 10004
For Respondent:

No appearances.

SEYBERT, District Judge:
Pending before the Court is Magistrate Judge A. Kathleen
Tomlinson’s Report and Recommendation (“R&R”), recommending that
this Court confirm an arbitration award and impose judgment in
favor of Petitioner and against Respondent in the amount of
$33,675.57

plus

$275

in

attorneys’

(See R&R, Docket Entry 8, at 25.)

fees

and

$440

in

costs.

The R&R further recommends that

Plaintiff’s request for pre-judgment interest be denied, without
prejudice and with the right to renew the application within thirty
(30) days.

For the following reasons, the Court ADOPTS Judge

Tomlinson’s R&R in its entirety.

BACKGROUND
This

action

to

confirm

an

arbitration

award

was

commenced on June 9, 2015 by Petitioner Trustees of Empire State
Carpenters Annuity, Apprenticeship, Labor-Management Cooperation,
Pension

and

Welfare

Funds

(“Petitioner”)

against

Respondent

Oneidaview Pile Driving Inc. (“Respondent”).
On June 9, 2015, Trustees filed its Petition seeking to
confirm an arbitrator’s award issued against Respondent.
Entry 1.)

(Docket

On October 22, 2015, the undersigned referred Trustees’

Petition to Judge Tomlinson for an R&R on whether the Petition
should be granted.

(Docket Entry 6.)

On February 5, 2016, Judge Tomlinson issued her R&R.
(Docket Entry 8.)
arbitrator’s

The R&R recommends that the Court confirm the

award

and

that

judgment

be

entered

directing

Respondent to pay Petitioner $33,675.57, plus $275 in attorneys’
fees and $440 in costs, for a total of $34,390.57.
25.)

(R&R at 5,

The R&R further recommends that the Court Petitioner’s

application for pre-judgment interest, without prejudice, and with
the right to renew the application within thirty (30) days if
counsel is able to provide adequate support for the request.

(R&R

at 25.)
DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

in

whole

or
2

in

part,

the

findings

and

recommendations

made

by

the

magistrate

judge.”

28

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 Tomlinson’s R&R to be comprehensive, well-reasoned, and free
of

clear

error,

and

it

ADOPTS

Judge

Tomlinson’s

R&R

in

its

entirety.
CONCLUSION
Judge Tomlinson’s R&R (Docket Entry 8) is ADOPTED in its
entirety.

The Court is directed to enter judgment in favor of

Petitioner and against Respondent in the amount of $33,675.57 plus
$275

in

attorneys’

$34,390.57.
DENIED

fees

and

$440

in

costs,

for

a

total

of

Petitioner’s application for pre-judgment interest is

WITHOUT

PREJUDICE,

however,

Petitioner

may

renew

its

application for pre-judgment interest within thirty (30) days of
the date of this Memorandum & Order.

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Petitioner is directed to serve a copy of this Memorandum
& Order on Respondent and file proof of service.

The Clerk of the

Court is directed to mark this matter CLOSED.

SO ORDERED.

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

May
4 , 2016
Central Islip, New York

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