Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. CMI Casework & Millwork, Inc.
Filing
10
ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that the Arbitration Award is confirmed and Petitioners are awarded $877,257.96 as provided in said Award plus (1) prejudgment interest of 0.75% per month on the $615,331 .84 in delinquent contributions from the date of the Arbitration Award (August 26, 2015) through the date of judgment and (2) an additional $745.00 in attorneys' fees and costs incurred in connection with the instant action. The Clerk of Court is requested to enter judgment accordingly and to close this case. Ordered by Judge Denis R. Hurley on 7/19/2016. (Gapinski, Michele)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------------------------------------------------------------X
TRUSTEES OF EMPIRE STATE CARPENTERS
ANNUITY, APPRENTICESHIP, LABORMANAGEMENT COOPERATION, PENSION
AND WELFARE FUNDS,
ORDER ADOPTING R&R
Petitioners,
15-CV-5686 (DRH)(GRB)
-againstCMI CASEWORK & MILLWORK, INC.,
Respondent.
-------------------------------------------------------X
HURLEY, Senior District Judge:
Petitioners Trustees of Empire State Carpenters Annuity, Apprenticeship,
Labor-Management Cooperation, Pension and Welfare Funds (the “Petitioners”) commenced this
action pursuant to Section 502 of the Employee Retirement Income Security Act of 1974
(“ERISA”), 29 U.S.C. § 1132; Section 301 of the Labor Management Relations Act of 1947
(“LMRA”), 29 U.S.C. § 185; and Section 9 of the Federal Arbitration Act, 9 U.S.C. § 9, seeking
to confirm an August 26, 2015 Findings of Audit, Collection Award, and Order (the “Arbitration
Award”) rendered pursuant to a collective bargaining agreement between the Northeast Regional
Council of Carpenters (the “Union”) and Respondent CMI Casework & Millwork, Inc.
(“Respondent” or “CMI”). By Order dated November 24, 2015, this Court referred the matter to
Magistrate Judge Gary R. Brown for a report and recommendation on whether the arbitration
award should be confirmed, and whether additional damages should be awarded. On June 30,
2016, Judge Brown issued a Report and Recommendation (the “Report”) recommending that the
Arbitration Award be confirmed and that attorneys’ fees and costs incurred in conjunction with
these proceeding be granted. More than fourteen days have elapsed since service of the Report
and Recommendation, and neither party has filed any objections to it.
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the
Report and Recommendation for clear error, and finding none, now concurs in both its reasoning
and its result. Accordingly, this Court adopts the June 30, 2016 Report and Recommendation of
Judge Brown as if set forth herein.
IT IS HEREBY ORDERED that the Arbitration Award is confirmed and Petitioners are
awarded $877,257.96 as provided in said Award plus (1) prejudgment interest of 0.75% per
month on the $615,331.84 in delinquent contributions from the date of the Arbitration Award
(August 26, 2015) through the date of judgment and (2) an additional $745.00 in attorneys’ fees
and costs incurred in connection with the instant action. The Clerk of Court is requested to enter
judgment accordingly and to close this case.
SO ORDERED.
Dated: Central Islip, N.Y.
July 19, 2016
/s/ Denis R. Hurley
Denis R. Hurley,
United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?