Trustees of the Mason Tenders Distrcit Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. Innis Construction, Inc.

S.D. New York

Trustees of the Mason Tenders Distrcit Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. Innis Construction, Inc.

DecidedFebruary 23, 2024

Docket1:22-cv-07765

StatusUnknown

This text of Trustees of the Mason Tenders Distrcit Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. Innis Construction, Inc. (Trustees of the Mason Tenders Distrcit Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. Innis Construction, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Trustees of the Mason Tenders Distrcit Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. Innis Construction, Inc., (S.D.N.Y. 2024).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : TRUSTEES OF THE MASON TENDERS DISTRCIT : COUNCIL WELFARE FUND, PENSION FUND, : ANNUITY FUND AND TRAINING PROGRAM : 22-CV-7765 (AS) FUND, et al., : : MEMORANDUM OPINION Petitioners, : AND ORDER : -v- : : : INNIS CONSTRUCTION, INC., : : Respondent. : : ---------------------------------------------------------------------- X

ARUN SUBRAMANIAN, United States District Judge:

On September 12, 2022, Petitioners filed a Petition to Confirm Arbitration. ECF No. 1. On September 5, 2023, the Court set a briefing schedule for Petitioners’ submission of any additional materials in support of the Petition, Respondent’s opposition, and Petitioners’ reply. ECF No. 10. Petitioners served Respondent with the Petition, supporting materials, and the briefing schedule. ECF Nos. 14. Pursuant to the briefing schedule, Respondent’s opposition was due no later than October 9, 2023. ECF No. 10. To date, Respondent has neither responded to the petition nor otherwise sought relief from the Award. The Court must treat the Petition, even though unopposed, “as akin to a motion for summary judgment based on the movant’s submissions.” Trs. for Mason Tenders Dist. Council Welfare Fund, Pension Fund, Annuity Fund & Training Program Fund v. Capstone Constr. Corp., 11-CV-1715 (JMF), 2013 WL 1703578, at *2 (S.D.N.Y. Apr. 19, 2013) (discussing in depth the legal standards for resolving unopposed petitions to confirm arbitration awards). After reviewing the petition and the supporting materials, 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.” Jd. at *3 (internal quotation marks omitted). Nor is there any justification under Section 10(a) of the Federal Arbitration Act for vacating the Award. Finally, the Court grants Petitioners’ request for post-judgment interest in accordance with 28 U.S.C. § 1961(a). Awards of post-judgment interest under § 1961 are mandatory, see Cappiello v. ICD Publ’ns, Inc., 720 F.3d 109, 113 (2d Cir. 2013), and apply to actions to confirm arbitration awards, see Westinghouse Credit Corp. v. D’Urso, 371 F.3d 96, 100-01 (2d Cir. 2004). The Court therefore awards interest to accrue at the statutory rate from the date judgment is entered until payment is made. Accordingly, IT IS ORDERED AND ADJUDGED that the Petition and Motion are granted, the September 15, 2021 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 $134,029.36; 3. Awarding Petitioners post-judgment interest at the statutory rate.

SO ORDERED. Dated: February 23, 2024 ( □ New York, New York ARUN SUBRAMANIAN United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : TRUSTEES OF THE MASON TENDERS DISTRCIT : COUNCIL WELFARE FUND, PENSION FUND, : ANNUITY FUND AND TRAINING PROGRAM : 22-CV-7765 (AS) FUND, et al., : : MEMORANDUM OPINION Petitioners, : AND ORDER : -v- : : : INNIS CONSTRUCTION, INC., : : Respondent. : : ---------------------------------------------------------------------- X

ARUN SUBRAMANIAN, United States District Judge:

On September 12, 2022, Petitioners filed a Petition to Confirm Arbitration. ECF No. 1. On September 5, 2023, the Court set a briefing schedule for Petitioners’ submission of any additional materials in support of the Petition, Respondent’s opposition, and Petitioners’ reply. ECF No. 10. Petitioners served Respondent with the Petition, supporting materials, and the briefing schedule. ECF Nos. 14. Pursuant to the briefing schedule, Respondent’s opposition was due no later than October 9, 2023. ECF No. 10. To date, Respondent has neither responded to the petition nor otherwise sought relief from the Award. The Court must treat the Petition, even though unopposed, “as akin to a motion for summary judgment based on the movant’s submissions.” Trs. for Mason Tenders Dist. Council Welfare Fund, Pension Fund, Annuity Fund & Training Program Fund v. Capstone Constr. Corp., 11-CV-1715 (JMF), 2013 WL 1703578, at *2 (S.D.N.Y. Apr. 19, 2013) (discussing in depth the legal standards for resolving unopposed petitions to confirm arbitration awards). After reviewing the petition and the supporting materials, 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.” Jd. at *3 (internal quotation marks omitted). Nor is there any justification under Section 10(a) of the Federal Arbitration Act for vacating the Award. Finally, the Court grants Petitioners’ request for post-judgment interest in accordance with 28 U.S.C. § 1961(a). Awards of post-judgment interest under § 1961 are mandatory, see Cappiello v. ICD Publ’ns, Inc., 720 F.3d 109, 113 (2d Cir. 2013), and apply to actions to confirm arbitration awards, see Westinghouse Credit Corp. v. D’Urso, 371 F.3d 96, 100-01 (2d Cir. 2004). The Court therefore awards interest to accrue at the statutory rate from the date judgment is entered until payment is made. Accordingly, IT IS ORDERED AND ADJUDGED that the Petition and Motion are granted, the September 15, 2021 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 $134,029.36; 3. Awarding Petitioners post-judgment interest at the statutory rate.

SO ORDERED. Dated: February 23, 2024 ( □ New York, New York ARUN SUBRAMANIAN United States District Judge

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