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. Prime Installations Inc.
| Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund, Trustees Of The New York City Carpenters Relief and Charity Fund and The Carpenter Contractor Alliance of Metropolitan New York |
| Prime Installations Inc. and Prime Instillations Inc. |
| 1:2023cv10349 |
| November 27, 2023 |
| US District Court for the Southern District of New York |
| Arun Subramanian |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| None |
Docket Report
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Filing 15
ORDER AND JUDGMENT: Accordingly, IT IS ORDERED AND ADJUDGED that the Petition and Motion are granted, the October 12, 2023, arbitration award is confirmed, and judgment is entered in favor of Petitioners and against Respondent as follows: 1. Confirming the Award in all respects; 2. Awarding Petitioners $626,503.05, plus interest from October 12, 2023, the date of the Award, at an annual rate of 9.5% totaling $16,143.18 pursuant to the Award; 3. Awarding Petitioners $7,068 in attorneys' fees and $160.40 in costs arising out of this proceeding; and 4. Awarding Petitioners post-judgment interest at the statutory rate. SO ORDERED. (Signed by Judge Arun Subramanian on 1/19/2024) (tg)
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| Filing 14 AFFIDAVIT OF SERVICE of Notice of Petitioners' Motion for Summary Judgment against Respondent Prime Installations Inc. a/k/a Prime Instillations Inc., Declaration of William Davidian in Support of Petitioners' Motion for Summary Judgment, Declaration of Maura Moosnick, Esq. in Support of Petitioners' Motion for Summary Judgment, Petitioners' Rule 56.1 Statement, Memorandum of Law in Support of Petitioners' Motion for Summary Judgment served on Respondent, Prime Installations Inc. a/k/a Prime Instillations Inc. on December 16, 2023. Service was accepted by Gerard Artz, Owner. Document filed by 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..(Moosnick, Maura) |
| Filing 13 MEMORANDUM OF LAW in Support re: #9 MOTION for Summary Judgment against Respondent Prime Installations Inc. a/k/a Prime Instillations Inc.. . Document filed by 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..(Moosnick, Maura) |
| Filing 12 RULE 56.1 STATEMENT. Document filed by 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..(Moosnick, Maura) |
| Filing 11 DECLARATION of Maura Moosnick, Esq. in Support re: #9 MOTION for Summary Judgment against Respondent Prime Installations Inc. a/k/a Prime Instillations Inc... Document filed by 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. (Attachments: #1 Exhibit L - October 17, 2023 Demand Letter, #2 Exhibit M - History Bill for the Court, #3 Exhibit N - Proposed Judgment).(Moosnick, Maura) |
| Filing 10 DECLARATION of William Davidian in Support re: #9 MOTION for Summary Judgment against Respondent Prime Installations Inc. a/k/a Prime Instillations Inc... Document filed by 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. (Attachments: #1 Exhibit A - Proof of Membership, #2 Exhibit B - CBA, #3 Exhibit C - Pension Fund Agreement and Declaration of Trust with Amendments through August 2018, #4 Exhibit D - Welfare Fund Trust Agreement with Amendments through August 2018, #5 Exhibit E - Annuity Fund Amended Agreement and Declaration of Trust with Amendments through August 2018, #6 Exhibit F - Apprenticeship Fund Agreement and Declaration of Trust with Amendments through August 2018, #7 Exhibit G - Collection Policy, #8 Exhibit H - Audit Report, #9 Exhibit I - May 22, 2023 Notice of Hearing, #10 Exhibit J - August 9, 2023 Notice of Hearing, #11 Exhibit K - October 12, 2023 Award).(Moosnick, Maura) |
| Filing 9 MOTION for Summary Judgment against Respondent Prime Installations Inc. a/k/a Prime Instillations Inc.. Document filed by 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..(Moosnick, Maura) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,, served. Prime Installations Inc. served on 11/30/2023, answer due 12/21/2023. Service was accepted by Gerard Artz, Owner. 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 ; The Carpenter Contractor Alliance of Metropolitan New York; Trustees Of The New York City Carpenters Relief and Charity Fund..(Moosnick, Maura) |
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Filing 7
ORDER: On November 27, 2023, 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 December 19, 2023. Respondent's opposition, if any, is due on January 12, 2024. Petitioners' reply, if any, is due January 19, 2024. Petitioners shall serve the petition and all supporting papers, as well as this Order, upon Respondent pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than December 19, 2023, and shall file an affidavit of such service with the court no later than December 20, 2023. SO ORDERED. ( Replies due by 1/19/2024., Responses due by 1/12/2024) (Signed by Judge Arun Subramanian on 11/28/2023) (vfr)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Prime Installations Inc.. (vf) |
| Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. 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..(vf) |
| Case Designated ECF. (vf) |
| Filing 5 MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,, . Document filed by 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..(Moosnick, Maura) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 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..(Moosnick, Maura) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Prime Installations Inc. a/k/a Prime Instillations Inc., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,,. Document filed by 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..(Moosnick, Maura) |
| Filing 2 CIVIL COVER SHEET filed..(Moosnick, Maura) |
| Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-28615804).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, The Carpenter Contractor Alliance of Metropolitan New York, Trustees Of The New York City Carpenters Relief and Charity Fund. (Attachments: #1 Exhibit A - Proof of Membership, #2 Exhibit B - CBA, #3 Exhibit C - Pension Fund Agreement and Declaration of Trust with Amendments through August 2018, #4 Exhibit D - Welfare Fund Trust Agreement with Amendments through August 2018, #5 Exhibit E - Annuity Fund Amended Agreement and Declaration of Trust with Amendments through August 2018, #6 Exhibit F - Apprenticeship Fund Agreement and Declaration of Trust with Amendments through August 2018, #7 Exhibit G - Collection Policy, #8 Exhibit H - Audit Report, #9 Exhibit I - May 22, 2023 Notice of Hearing, #10 Exhibit J - August 9, 2023 Notice of Hearing, #11 Exhibit K - October 12, 2023 Award, #12 Exhibit L - October 17, 2023 Demand Letter, #13 Exhibit M - History Bill for the Court, #14 Exhibit N - Proposed Judgment).(Moosnick, Maura) |
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| Petitioner: Trustees Of The New York City District Council Of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund | |
| Represented By: | Maura S. Moosnick |
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| Petitioner: Trustees Of The New York City Carpenters Relief and Charity Fund | |
| Represented By: | Maura S. Moosnick |
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| Petitioner: The Carpenter Contractor Alliance of Metropolitan New York | |
| Represented By: | Maura S. Moosnick |
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