Trustees of Empire State Carpenters Annuity vs. Lilco

Filing 16

MEMORANDUM & ORDER - Judge Browns R&R (Docket Entry 14) is ADOPTED in its entirety. The Award is CONFIRMED and Petitioners are awarded: (1) judgment against Respondents in the sum of $146,465.71; (2) interest of 0.75% per month on delinquen t contributions from the date of the Award through the date of judgment; (3) interest on attorneys fees incurred in connection with the arbitration at 10% per year from the date of the Award through the date of judgment; and (4) attorneys fees a nd costs totaling $1,323.40. Respondents are directed to make available to Petitioners or their authorized representatives all books and records that Petitioners deem necessary to conduct an audit within ninety (90) days of the date of this Memo randum and Order. Petitioners are directed to serve a copy of this Memorandum and Order on Respondents and file proof of service on ECF. The Clerk of the Court is directed to enter judgment accordingly and mark this case CLOSED. So Ordered by Judge Joanna Seybert on 10/24/2016. (Coleman, Laurie)

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

MEMORANDUM & ORDER
15-CV-3820(JS)(GRB)

LILCO CONSTRUCTION, INC. and LILCO
CONSTRUCTION CORPORATION,
Respondents.
---------------------------------------X
APPEARANCES
For Petitioners:
Elina Burke, Esq.
Charles R. Virginia, Esq.
Nicole Marimon, Esq.
Virginia & Ambinder, LLP
40 Broad Street, 7th Floor
New York, NY 10004
For Respondents:

No appearance

SEYBERT, District Judge:
Pending before the Court is Magistrate Judge Gary R.
Brown’s Report and Recommendation (“R&R”), recommending that this
Court confirm the subject arbitration award, award Petitioners
interest, costs, and attorneys’ fees, and compel Respondents and
their officers to make available all books and records necessary
for Petitioners to conduct an audit.

(R&R, Docket Entry 14.)

For

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

BACKGROUND
This action was commenced on June 30, 2015, by petitioner
Trustees

of

Empire

Labor-Management
(“Petitioners”

State

Carpenters

Cooperation,
or

the

Annuity,

Pension

“Funds”).

Apprenticeship,

and

Welfare

Petitioners,

Funds

employer

and

employee trustees of multiemployer labor-management trust funds
and

a

labor

respondents

management

LILCO

Corporation

cooperation

Construction

(collectively,

contributions

to

the

Inc.

committee,

allege

and

Construction

LILCO

“Respondents”)

Funds

in

contravention

failed
of

a

to

that

make

collective

bargaining agreement (the “CBA”). (Am. Pet., Docket Entry 5, ¶¶ 45, 7-13.)

Petitioners allege that arbitration was initiated

pursuant to the CBA, and the arbitrator awarded Petitioners the
sum

of

$146,465.71

(the

“Award”).

(Am.

Pet.

¶¶

16-18.)

Petitioners aver that Respondents have “failed to abide by the
Award.”

(Am. Pet. ¶ 19.)
On June 23, 2016, the undersigned referred Petitioner’s

Amended

Petition

to

Confirm

Arbitration

Award

(the

“Amended

Petition”) to Judge Brown for an R&R on whether the Amended
Petition should be granted.

(Docket Entry 13.)

On June 30, 2016,

Judge Brown issued his R&R recommending that the Court: (1) confirm
the Award; (2) award Petitioners judgment against Respondents in
the sum of $146,465.71, along with (a) interest of 0.75% per month
on delinquent contributions from the date of the Award through the
2

date of judgment, (b) interest on attorneys’ fees incurred in
connection with the arbitration at 10% per year from the date of
the Award through the date of judgment, and (c) attorneys’ fees
and costs totaling $1,323.40; and (3) issue an Order compelling
Respondents and its officers to make available to Petitioners or
their

authorized

representatives

all

books

Petitioners deem necessary to conduct an audit.

and

records

that

(R&R at 3.)

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

judge.”

findings
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 Brown’s R&R to be comprehensive, well-reasoned, and
free of clear error, and it ADOPTS the R&R in its entirety.
CONCLUSION
Judge Brown’s R&R (Docket Entry 14) is ADOPTED in its
entirety.

The Award is CONFIRMED and Petitioners are awarded:
3

(1)

judgment

against

Respondents

in

the

sum

of

$146,465.71;

(2) interest of 0.75% per month on delinquent contributions from
the date of the Award through the date of judgment; (3) interest
on attorneys’ fees incurred in connection with the arbitration at
10% per year from the date of the Award through the date of
judgment; and (4) attorneys’ fees and costs totaling $1,323.40.
Respondents are directed to make available to Petitioners or their
authorized representatives all books and records that Petitioners
deem necessary to conduct an audit within ninety (90) days of the
date of this Memorandum and Order.
Petitioners

are

directed

to

serve

a

copy

of

this

Memorandum and Order on Respondents and file proof of service on
ECF.

The Clerk of the Court is directed to enter judgment

accordingly and mark this case CLOSED.

SO ORDERED.

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

October
24 , 2016
Central Islip, New York

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