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

Filing 15

ORDER: SO ORDERED that the Court grants petitioners summary judgment and confirms the 2016 Arbitration Award in the amount of $886,769.90 and orders respondent to make available to the petitioners or authorized representatives any and all books and records petitioners deem necessary to conduct an audit. Further, the Court awards petitioners attorneys' fees and costs totaling $3,875.29. The Clerk of the Court shall enter judgment in favor of petitioners consistent with this order and close this case. Ordered by Judge Joan M. Azrack on 12/22/2017. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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TRUSTEES OF THE NORTHEAST
CARPENTERS HEALTH, PENSION, ANNUITY,
APPRENTICESHIP, and LABOR
MANAGEMENT COOPERATION FUNDS,

For Online Publication Only
FILED 
CLERK 

12/22/2017 2:26 pm

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

Petitioners,
-against-

ORDER
15-CV-4170 (JMA) (ARL)

ARBOR CONCRETE CORP.,
Respondent.
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AZRACK, United States District Judge:
Before the Court is the unopposed petition of petitioners Trustees of the Northeast
Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation
Funds to confirm an “Audit Order and Deficiency Award” issued against respondent Arbor
Concrete Corp., on April 16, 2016. (Am. Pet., Ex. G, ECF No. 11.)
Petitioners had previously filed, on July, 8, 2015, a petition to confirm an “Audit Order
and Deficiency Award” issued against respondent on May 23, 2015 (the “2015 Arbitration
Award”). (See ECF No. 1.) In the original petition, petitioners requested that this Court: (1)
confirm the 2015 Award; (2) award petitioners $886,769.90 plus interest for unpaid
contributions; and (3) award petitioners reasonable attorneys’ fees and costs incurred in bringing
this action. (Pet. at 6.) On November 23, 2015, the Court denied the petition to the extent it
sought an award of $886,769.90 in estimated unpaid contributions. (See ECF No. 8.) The Court
determined that, while the arbitrator found that respondent owed estimated unpaid contributions
in the amount of $886,769.90, the arbitrator did not award that amount to Petitioners and instead

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determined that an award for unpaid contributions should be based on an audit of respondent.
On April 16, 2016, the arbitrator issued a revised order and award against the respondent
(the “2016 Arbitration Award”).

The 2016 Arbitration Award directs respondent to pay

petitioners the sum of $888,419.90, consisting of:
• an estimated deficiency of $630,979.32;
• interest of $129,594.72;
• liquidated damages of $126,195.86;
• attorneys’ fees of $900.00; and
• the arbitrator’s fee of $750.00.
The 2016 Arbitration Award also directed respondent to (1) make all “future
contributions” in a prompt and timely manner; (2) submit to an audit at petitioners’ discretion;
(3) make available to the petitioners or authorized representatives any and all books and records
petitioners deem necessary to conduct an audit; (4) pay for all costs relating to the audit in the
event that petitioners request one; and (5) to pay for all court costs incurred to enforce the 2016
Arbitration Award. (Am. Pet., Ex. G at 2-3.)
On September 12, 2016, petitioners served a copy of the amended petition and its
supporting memorandum of law on respondent via the New York Department of State’s Division
of Corporations, Records and Uniform Commercial Code. (Aff. of Service., ECF. No. 13.)
Respondent has not responded to the amended petition.
Petitioners now ask the Court to: (1) confirm the 2016 Arbitration Award; (2) award
petitioners $886,769.90; (3) make available to the petitioners or authorized representatives any
and all books and records petitioners deem necessary to conduct an audit; and (4) award
petitioners $3,875.29 in attorneys’ fees and costs. (Am. Pet. at 7-8.) Because respondent has not

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answered the amended petition, the Court treats the amended petition as an unopposed motion
for summary judgment. See D.H. Blair & Co. v. Gottdiener, 462 F.3d 95, 109–10 (2d Cir.
2006).
After reviewing the amended petition, and its supporting documents, the Court grants
petitioners summary judgment and confirms the 2016 Arbitration Award in the amount of
$886,769.90 and orders respondent to make available to the petitioners or authorized
representatives any and all books and records petitioners deem necessary to conduct an audit.
Further, the Court awards petitioners attorneys’ fees and costs totaling $3,875.29. The Clerk of
the Court shall enter judgment in favor of petitioners consistent with this order and close this
case.
SO ORDERED.

Date: December 22, 2017
Central Islip, New York
/s/(JMA)
.
Joan M. Azrack
United States District Judge

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