Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds v. Archetype Construction Corp., No. 2:2013cv01877 - Document 16 (E.D.N.Y. 2014)

Court Description: MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Brown's R&R is ADOPTED as set forth below, Plaintiffs' motion for default is GRANTED, and the arbitrator's award is CONFIRMED with modification. Accordingly, the Court holds as follows: (1) Plaintiffs are awarded $385,240.21 plus interest in the amount of.75%, compounding monthly, from the date of the arbitration award through the date of final judgment; and (2) Plaintiffs are awarded $2,402.21 in costs and attorney's fees. The Clerk of the Court is directed to enter a Judgment consistent with this Memorandum and Order and to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 9/16/2014. C/ECF (Valle, Christine)

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itrator’s award. 3 See Trs. of the Empire State Carpenters Annuity, Apprenticeship, Labor Mgmt. Cooperation, Pension & Welfare Funds v. Lynnview Constr. Corp., No. 12-CV-5644, 2013 WL 4852312, at *9 (E.D.N.Y. Sept. 10, 2013) (citations omitted); Trs. of Empire State Carpenters Annuity, Apprenticeship, Labor Mgmt. Cooperation, Pension & Welfare Funds v. The Flooring Experts, Inc., No. 12-CV-6317, 2013 WL 4042357, at *7 (E.D.N.Y. Aug. 8, 2013) (citations omitted), adopted by 2013 WL 4761151 (E.D.N.Y. Sept. 3, 2013); Trs. of the Bldg. Trades Annuity Fund, Educ. Fund, Welfare Fund & the United Serv. Workers Sec. Fund v. Prof’l Plumbing of Staten Island Corp., No. 09-CV-3812, 2010 WL 6230530, at *6 (E.D.N.Y. Nov. 17, 2010), adopted by 2011 WL 1046856 (E.D.N.Y. Mar. 17, 2011); see also 9 U.S.C. § 11. This Court will do the same. Accordingly, the Court ADOPTS Judge Brown’s R&R with the exception that the $385,240.21 figure, not $388,384.29, applies. CONCLUSION Judge Brown’s R&R is ADOPTED as set forth below, Plaintiffs’ motion for default is GRANTED, and the arbitrator’s award is CONFIRMED with modification. Accordingly, the Court holds as follows: (1) Plaintiffs are awarded $385,240.21 plus interest in the amount of .75%, compounding monthly, from the date of the arbitration award through the date of final judgment; and 4 (2) Plaintiffs are awarded $2,402.21 in costs and attorney’s fees. The Clerk of the Court is directed to enter a Judgment consistent with this Memorandum and Order and to mark matter CLOSED. SO ORDERED. /s/ JOANNA SEYBERT______ Joanna Seybert, U.S.D.J. Dated: September 16 , 2014 Central Islip, NY 5 this

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