Opinion

Restrepo v. Dynamic Fire, Inc.

Court
District Court, E.D. New York
Filed
Jun 4, 2025
Cited by
0 cases
Authority
More cited than 36.2%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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HUMBERTO RESTREPO, as Chairman

of the Joint Industry Board of the

Electrical Industry, MEMORANDUM AND ORDER

Case No. 25-CV-426-FB-CLP

Petitioner,

-against-

DYNAMIC FIRE, INC.,

Respondent.

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Appearances:

For the Petitioner:

ADRIANNA R. GRANCIO

Virginia & Ambinder, LLP

40 Broad Street, 7th Floor

New York, New York 10004

BLOCK, Senior District Judge:

Humberto Restrepo, as Chairman of the Joint Industry Board of the Electrical

Industry (“JIB”), petitions to confirm an arbitration award of $133,624.25 to JIB.

The Respondent, Dynamic Fire, Inc. (“Dynamic”), did not appear at the arbitration

and, despite proper service, has not answered the petition.

The Federal Arbitration Act (“FAA”) empowers district courts to enter a

judgment confirming an arbitration award made pursuant to the act. See 9 U.S.C.

§ 9. A court must confirm such an award as long as “the arbitrator acted within the

scope of his authority” and “the award draws its essence from the [collective

bargaining] agreement.” Local 199, Drug, Hosp. & Health Care Emps. Union,

RWDSU, AFL-CIO v. Brooks Drug Co., 956 F.2d 22, 25 (2d Cir. 1992).

“[D]efault judgments in confirmation/vacatur proceedings are generally

inappropriate.” D.H. Blair & Co. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006).

Instead, a court should treat an unanswered petition “as akin to a[n unopposed]

motion for summary judgment” and review the record to determine whether the

standards for confirmation have been met. Id.

The record in this case clearly establishes that the arbitrator acted within the

scope of his authority. The collective bargaining agreement (“CBA”)—to which

Dynamic was bound as a member of the New York System Suppliers Association—

calls for binding arbitration of “any labor dispute or difference . . . as to the meaning,

application or operation of any provision of the Agreement.” Pet., Ex. A at 19.

JIB’s claim that Dynamic failed to make contributions to certain benefit plans as

required by the CBA falls squarely within the scope of the arbitration provision.

It is also clear that the arbitrator’s award “dr[ew] its essence” from the CBA.

The arbitrator based each element of his award—unpaid contributions, interest,

liquidated damages, and attorney’s fees and costs—on the CBA, see Pet., Ex. A at

14, and determined the amounts of those elements in accordance with procedures

authorized by it, see Pet., Ex. D.

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In addition to asking the Court to confirm the arbitrator’s award, JIB seeks to

recover the $1,246.50 in attorney’s fees and costs it incurred in connection with its

confirmation petition. ERISA allows prevailing plaintiffs to recover reasonable

attorneys’ fees and costs incurred in actions to recover unpaid contributions, see 29

U.S.C. § 1132(g)(2)(D), but “this does not necessarily mean that a successful party

is also entitled to its costs and attorney’s fees in bringing a petition to confirm an

arbitration award.” Abondolo v. Jerry WWHS Co., 829 F. Supp. 2d 120, 130

(E.D.N.Y. 2011).

Courts nevertheless routinely award costs in such actions under the rule that

“costs—other than attorney’s fees—should be allowed to the prevailing party” in

any civil action, Fed. R. Civ. P. 54(d)(1). Although JIB seeks to recover $508.50

for filing and service fees, only the $405 filing fee is documented in the record.

With respect to attorney’s fees, the “guiding principle” is that a reasonable fee

should be awarded only “when a challenger refuses to abide by an arbitrator's

decision without justification.” International Chem. Workers Union (AFL-CIO),

Loc. No. 227 v. BASF Wyandotte Corp., 774 F.2d 43, 47 (2d Cir. 1985) (internal

quotation marks omitted). Since Dynamic has not even answered the petition, it

obviously has not offered any justification for failing to pay the arbitrator’s award.

Therefore, the Court will award JIB the reasonable attorney’s fees it incurred to

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enforce that award.

“[A] presumptively reasonable fee is calculated by multiplying the reasonable

hourly rate by the reasonable number of hours worked.” Rubin v. HSBC Bank USA,

NA, 763 F. Supp. 3d 233, 238-39 (E.D.N.Y. 2025) (citing Arbor Hill Concerned

Citizens Neighborhood Ass’n v. Cnty. of Albany, 522 F.3d 182, 183 (2d Cir. 2008)).

The fee sought by JIB—$738—reflects 1.8 hours of work by a partner charging an

hourly rate of $410. The number of hours is a more than reasonable amount of time

to prepare the petition and accompanying memorandum of law. The hourly rate is

reasonable because it is the rate JIB was actually willing to pay, see Arbor Hills, 493

F.3d at 118, and is, in fact, slightly below the current range for partners in the Eastern

District. See Rubin, 763 F. Supp. 3d at 244 (updating the range to $450-$650 per

hour).

Accordingly, the Court affirms the arbitrator’s award of $133,624.25, and

itself awards $405 in costs and $738 in attorney’s fees. The Clerk is directed to

enter judgment for JIB and against Dynamic in the total amount of $134,767.25.

SO ORDERED.

_/S/ Frederic Block____________

FREDERIC BLOCK

Senior United States District Judge

Brooklyn, New York

June 4, 2025

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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