Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. Skyeco Group LLC
Plaintiff: Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund
Defendant: Skyeco Group LLC
Petitioner: Trustees Of The New York City Carpenters Relief and Charity Fund, New York City District Council of Carpenters and The Carpenter Contractor Alliance of Metropolitan New York
Case Number: 1:2020cv02279
Filed: March 13, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29:185
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 14, 2020 Opinion or Order Filing 11 JUDGMENT. IT IS ORDERED AND ADJUDGED that the Petition is granted, the underlying arbitration award is confirmed, and judgment is entered in favor of the Petitioners and against Respondent as follows: 1. Awarding Petitioners $709,128.17 pursuant to the February 6, 2020 arbitration award (the "Award") plus interest from the date of the Award through the date of judgment to accrue at the annual rate of 6.75% pursuant to the Award; 2. Awarding Petitioners $70 in costs arising out of the proceeding; 3. Awarding Petitioners $853 in attorneys' fees arising out of the proceeding; and 4. Awarding Petitioners post-judgment interest at the statutory rate. The Clerk of Court is directed to close the case. (Signed by Judge Jesse M. Furman on 4/14/20) (yv)
April 14, 2020 Opinion or Order Filing 10 MEMORANDUM OPINION AND ORDER. The Court finds that there is no genuine issue of material fact precluding summary judgment as to all portions of the Award, as the Arbitrator's decision provides more than "a barely colorable justification for the outcome reached." Id. at *3 (internal quotation marks omitted). Nor is there any justification under Section 10(a) of the Federal Arbitration Act for vacating the Award. The Court also awards Petitioners' requested attorneys' fees and costs. See Int'l Chem. Workers Union (AFL-CIO), Local No. 227 v. BASF Wyandotte Corp., 774 F.2d 43, 47 (2d Cir. 1985) ("[W]hen a challenger refuses to abide by an arbitrator's decision without justification, attorney's fees and costs may properly be awarded." (internal quotation marks omitted)). Here, Petitioners have met its burden of proving the reasonableness and necessity of hours spent, rates charged, and litigation costs incurred. Finally, the Court grants Petitioners' request for prejudgment interest at a rate of 6.75% pursuant to the Award. See Waterside Ocean Navigant Co. v. Int'l Navigation Ltd., 737 F.2d 150, 154 (2d Cir. 1984) (adopting a "presumption in favor of pre-judgment interest"). Accordingly, the Court grants Petitioners' unopposed petition to confirm the entire Award. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/14/20) (yv) Transmission to Orders and Judgments Clerk for processing.
March 20, 2020 Filing 9 CERTIFICATE OF SERVICE of Order dated March 17, 2020 served on Skyeco Group LLC on March 19, 2020. Service was made by MAIL and ELECTRONIC MAIL. Document filed by New York City District Council of Carpenters, The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Marimon, Nicole)
March 18, 2020 Filing 8 SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, served. Skyeco Group LLC served on 3/17/2020, answer due 4/13/2020. Service was accepted by Amy Lesch, an authorized person in the Corporate Division of the Department of State and empowered to receive such service. Document filed by Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund ; New York City District Council of Carpenters; The Carpenter Contractor Alliance of Metropolitan New York; Trustees Of The New York City Carpenters Relief and Charity Fund..(Marimon, Nicole)
March 16, 2020 Opinion or Order Filing 7 ORDER. On March 13, 2020, Petitioners filed a petition to confirm an arbitration award. Proceedings to confirm an arbitration award must be "treated as akin to a motion for summary judgment." D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Accordingly, it is hereby ORDERED that Petitioners shall file and serve any additional materials with which they intend to support their petition to confirm by March 30, 2020. Respondent's opposition, if any, is due on April 13, 2020. Petitioners' reply, if any, is due April 20, 2020. Among other things, the parties should address whether venue is proper in the Southern District in their opposition and reply papers. Petitioners shall serve the petition and all suppo1iing papers, as well as this Order, upon Respondent electronically and by overnight mail no later than March 30, 2020, and shall file an affidavit of such service with the court no later than March 31, 2020. SO ORDERED. Skyeco Group LLC answer due 4/13/2020. (Replies due by 4/20/2020. Service due by 3/30/2020.) (Signed by Judge Jesse M. Furman on 3/16/2020) (rjm)
March 16, 2020 Filing 6 ELECTRONIC SUMMONS ISSUED as to Skyeco Group LLC..(pc)
March 16, 2020 Case Designated ECF. (pc)
March 16, 2020 Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
March 16, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
March 13, 2020 Filing 5 MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,, . Document filed by New York City District Council of Carpenters, The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Marimon, Nicole)
March 13, 2020 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York City District Council of Carpenters, The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Marimon, Nicole)
March 13, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Skyeco Group LLC, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,. Document filed by New York City District Council of Carpenters, The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund, Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund..(Marimon, Nicole)
March 13, 2020 Filing 2 CIVIL COVER SHEET filed..(Marimon, Nicole)
March 13, 2020 Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-19109521).Document filed by Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, New York City District Council of Carpenters, The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H).(Marimon, Nicole)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund et al v. Skyeco Group LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Skyeco Group LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Trustees Of The New York City Carpenters Relief and Charity Fund
Represented By: Nicole Marimon
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: New York City District Council of Carpenters
Represented By: Nicole Marimon
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: The Carpenter Contractor Alliance of Metropolitan New York
Represented By: Nicole Marimon
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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?