Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund et al v. Harbor Island Contracting, Inc.

Filing 10

OPINION & JUDGMENT: The Clerk of Court entered a certificate of default as to defendant on April 2, 2015. (Dkt. No. 9.) A proof of service having been filed, and defendant not having answered the complaint or otherwise responded to the motion to co nfirm arbitration, and the time for answering the complaint having expired, the Clerk of Court is respectfully directed to enter judgment in favor of plaintiffs against defendant in the amount of $71,750.19. (Signed by Judge Thomas P. Griesa on 5/28/2015) (lmb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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TRUSTEES FOR THE MASON TENDERS
DISTRICT COUNCIL WELFARE FUND,
PENSION FUND, ANNUITY FUND, and
TRAINING PROGRAM FUND, et al.,

14 Civ. 8956 (TPG)
OPINION

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Plaintiffs,
-againstHARBOR ISLAND CONTRACTING, INC.,
Defendant.

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This action commenced on November 10,2014. Plaintiffs served the summons and
complaint on defendant Harbor Island Contracting, Inc. ("defendant") on December 5,
2014, and filed an affidavit of such service on December 18,2014. (See Dkt. No.3.)
Now pending before the court is a motion to confirm arbitration filed by plaintiffs
against defendant on April2, 2015. (Dkt. No.4.) The motion seeks to confirm a November
11, 2013 opinion and default award of arbitrator Joseph Harris in favor of plaintiffs and
against defendant, and seeks judgment in favor of plaintiffs in the amount of $71,750.19.
The arbitration award arose as a result of defendant's failure to make benefit payments and
submit other monies due to plaintiffs for a period between December 2010 and May 2013.

(See Dkt. No. 5.

at~

7.) Despite having agreed to arbitration in an applicable collective

bargaining agreement, and despite receiving proper notice of a hearing, defendant did not
appear at the arbitration hearing. (Id

at~

18; see also Dkt. No. 5-2 at Ex. 7.)

The Clerk of Court entered a certificate of default as to defendant on April 2, 2015.
(Dkt. No. 9.) A proof of service having been filed, and defendant not having answered the

complaint or otherwise responded to the motion to confirm arbitration, and the time for
answering the complaint having expired, the Clerk of Court is respectfully directed to enter
judgment in favor of plaintiffs against defendant in the amount of$71,750.19.

SO ORDERED.
Dated: May 28, 2015
New York, NY
Thomas P. Griesa
U.S. District Judge

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