Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Akwesasne Construction, Inc.

Filing 18

ADOPTION ORDER - It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for cle ar error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *I (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error). Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is directed to enter judgment for the Petitioners in accordance with the R&R, and to close this case. So Ordered by Judge Arthur D. Spatt on 11/8/2016. (Coleman, Laurie)

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

ADOPTION ORDER
15-CV-6449 (ADS)(A YS)

FILED

AKWESASNE CONSTRUCTION, INC.,
Respondent.

IN CLERK'S CFFICE

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*

Virginia & Ambinder LLP
Attorneys for the Plaintiffs
40 Broad Street
7th floor
New York, NY 10004
By:
Elina Burke, Esq.,
Jonathan Roffe, Esq.,
Charles R. Virginia, Esq.,
Nicole Marimon, Esq., Of Counsel

LOi·'G ISLAND OFFiCE

APPEARANCES:

r::N os 2016

*

NO APPEARANCES:
Akwesasne Construction, Inc.
The Defendant

SPATT, District Judge.
On November II, 2015, the Petitioners Trustees of Empire State Carpenters Annuity,
Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds (collectively, 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 a September 22,2015 Arbitration Award (the
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"Award") and Order rendered pursuant to a collective bargaining agreement between the
Northeast Regional Council of Carpenters and Akwesasne Construction, Inc. (the
"Respondent").
On March 18, 2016, the Petitioners filed a motion for default judgment and in the
alternative, to confirm an arbitration award.
On March 19,2016, the Court referred the Petitioners' motion to United States
Magistrate Judge Anne Y. Shields for a report and recommendation as to whether the default
judgment should be granted and, if so, whether damages should be awarded.
On April6, 2016, Judge Shields issued a report and recommendation (the "R&R")
recommending that the Award be confirmed and Petitioners be awarded the outstanding amount
of the award of$30,191.76 plus $1,391.97 in attorneys' fees and costs, for a total of$31,583.73.
It has been more than fourteen days since the service of the R&R, and the parties have

not filed objections.
As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this
Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning
and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *I
(E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear
error).
Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is directed to
enter judgment for the Petitioners in accordance with the R&R, and to close this case.

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SO ORDERED.
Dated: Central Islip, New York
November 8, 2016

s/ Arthur D. Spatt

AIUHuRD. s#ATT
United States District Judge

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