Hon. Gary R. Brown — Individual Rules of Practice

INDIVIDUAL PRACTICE RULES OF

JUDGE GARY R. BROWN

Effective April 9, 2025

100 Federal Plaza

Central Islip, New York 11722-9014

Courtroom 940

Issue Requirement Individual

Rule No.

Court Adjournments/Extensions At least 48 hours’ notice; meet and I

Appearances of Time confer

Motions Bundling Rule Yes II(a)

Memoranda of Law Yes II(b)

Courtesy Copies Yes II(c)

Evidentiary Citations Yes II(d)

Motions Referred to All non-dispositive motions II(f)(1)

Magistrate Judge

Motions Made to Judge Dispositive motions only II(f)(2)

Brown

Pre-Motion Conference Yes (with exceptions); scheduled via II(g)

Letter Request

Default Judgment/ Proposed Orders in forms annexed as II(h)

Arbitration Appendices A and B

Confirmations

Civil Trials Joint Pretrial Order Yes III(a)

Submissions Due Two Voir Dire, Requests to Charge, III(b)

Weeks Before Trial Motions in Limine, Pre-Marked

Exhibits

Criminal Submissions Due One Proposed Voir Dire, Requests to IV(a)

Trials Week before Trial Charge, Motions in limine and

Proposed Verdict Sheets

PSR Objections Filed under seal two weeks before IV(b)

Sentencing

Other Sentencing Filings Due one week before Sentencing

Other Matters FLSA/FDCPA/FCRA/NY Referred to Mediation V

LL cases

Pro Se Litigants See Filing Rules VI

Social Security Appeals Contention Statement Required VII

Rules

Unless otherwise ordered in a case, litigation shall conform to the following individual rules:

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I. Requests for Adjournments or Extensions of Time:

All requests for adjournments or extensions of time must be made in writing on ECF

48 hours in advance, absent an emergency. The parties must meet and confer before

submitting such requests, and such requests must include joint proposed dates.

II. Motions

a. Bundling Rule: No motion papers may be filed until the motion has been fully

briefed, unless doing so could result in a loss of a legal right. The initial movant

shall file all motion papers.

b. Memoranda of Law: Unless prior permission has been granted, memoranda of law

in support of, and in opposition to, motions are limited to 20 pages, and reply

memoranda are limited to 10 pages. Memoranda of 10 pages or more shall contain

a table of contents.

c. Courtesy Copies: After electronic filing, the initial movant shall mail to the Court

one hard copy of all motion papers filed marked as “Courtesy Copy.” Courtesy

copies must bear the ECF legend at the top of each page, indicating the case

number, docket entry, file date, and page number. All courtesy copies must be

submitted in three-ring binders and clearly labeled and tabbed. Failure to comply

with this rule will result in rejection of the courtesy copy and a request for

resubmission pursuant to this rule.

d. Evidentiary Citations: Parties must provide evidentiary citations, including specific

transcript pages, in any submission before the Court. Any motion or application

predicated on evidence adduced at a hearing or trial, including testimony, factual

summaries or rulings, must contain a copy of the transcript with specific citations

to the pertinent sections at issue thereto. Failure to provide citations to the record

constitutes grounds for denial.

e. Electronic Submissions: All papers filed electronically must be submitted in a

text-searchable format. Failure to comply with this rule constitutes grounds for

withdrawal of the filing.

f. Matters Referred to the Assigned Magistrate Judge

1. Non-Dispositive Motions: All discovery and non-dispositive pretrial

motions and applications are to be made to the Magistrate Judge in

accordance with that Magistrate Judge’s individual rules. Prior to making

any non-dispositive motion, counsel are required to meet and confer

consistent with Local Civil Rule 37.3(a) in a good faith effort to resolve

and/or reduce any matters to be raised on such motion. Upon failure to

certify compliance with this requirement as described in Federal Rule of

Civil Procedure (“FRCP”) 37(a)(1), the assigned Magistrate Judge is

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authorized, where appropriate, to deny such motion without prejudice to

refiling after good faith satisfaction of the meet and confer rule. Non-

dispositive motions and applications include:

a. Discovery motions and applications, including motions to stay

discovery

b. Motions or stipulations to amend pleadings

c. Motions for class and/or collective certifications

d. Extensions of time to serve, answer, file amended pleadings, or

effectuate service

e. Stipulations to transfer venue

f. Motions to quash subpoenas

g. So ordering of subpoenas

h. Applications concerning confidentiality/protective orders

i. Sealing/unsealing filings/orders

j. Pro hac vice motions

k. Refund of pro hac vice payments

l. Motions to withdraw as counsel, disqualify counsel, appoint counsel or

substitutions of counsel

m. Referrals to arbitration or mediation; Requests for

adjournments or extensions of time concerning arbitration or

mediation proceedings

n. Requests for alternate service, including service by publication

o. Motions to substitute party

p. Requests for settlement conferences

2. Dispositive Motions: All dispositive motions, including motions to dismiss,

motions for summary judgment, motions to change venue, motions to

remand, default judgment motions, and petitions to confirm an arbitration

award are to be made to Judge Brown.

g. Pre-Motion Conference

Counsel should note that, in appropriate cases, the pre-motion letter, 56.1 statements

(where appropriate), along with counsel’s argument at the pre-motion conference,

may be construed, at the discretion of the Court, as the motion itself. Arguments

not raised in the pre- motion letters or during the pre-motion conference shall be

deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir.

2011)(upholding construction of pre-motion letter as motion).

1. General Requirements: Before filing any motion returnable before Judge

Brown, the movant is required to file a letter briefly outlining the motion and

requesting a pre-motion conference. The non-movant’s deadline to respond

will be set by the Court when the conference is scheduled; this will also be

the deadline to submit letters for cross-motions. All letters must be

between two and four pages in length.

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2. Timing Requirements: For the purposes of time requirements for the filing

of answers and motions under FRCP 12(a) and 56(b), as well as motions

under 28 U.S.C. § 1447(c), a pre-motion conference letter will be

considered the equivalent of the motion itself.

3. Summary Judgment:

a. 56.1 Statement and Exhibits: Along with the pre-motion letter

described above, a party moving for summary judgment must also

include a Local Civil Rule 56.1 Statement containing evidentiary

citations. The moving party’s failure to comply may constitute

grounds for striking the Local Civil Rule 56.1 Statement and/or the

denial of the summary judgment motion. All exhibits cited must be

filed electronically on the docket. Hard copies of the exhibits do

not need to be filed unless directed by the court.

b. 56.1 Response: The party opposing summary judgment shall file a

premotion letter response and Local Civil Rule 56.1 Response

containing evidentiary citations. The non-moving party’s failure

to comply may constitute grounds for striking the Local Civil Rule

56.1 Response, deeming matters admitted and/or granting the

summary judgment motion. The 56.1 Response shall reproduce

the 56.1 Statement and provide the party’s response thereto

underneath, for example:

1. John Doe is a resident of Suffolk County. [Evidentiary Cite].

Party’s Response: Disputed. John Doe testified that he

resides in Nassau County. [Evidentiary Cite].

2. John Doe is sixty-five years old. [Evidentiary Cite].

Party’s Response: Undisputed.

c. To the extent the party opposing summary judgment presents

additional paragraphs as set out in Local Rule 56.1(b), the moving

party shall file a response to these additional paragraphs containing

evidentiary citations within seven (7) days. The response to these

additional paragraphs shall be in the same format as set forth in

paragraph (2) of this section. Any failure to so respond may

constitute grounds for deeming matters admitted and/or denying

the summary judgment motion.

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4. Exceptions: The following motions may be filed without a pre-motion

conference request.

a. In forma pauperis motions

b. Habeas motions

c. Motions pursuant to FRCP 50, 52, 59, or 60

d. Motions for reconsideration

e. Orders to show cause

f. Motions for an extension of time to file a notice of appeal

g. Objections to Report and Recommendations

h. Social Security appeals

i. Bankruptcy appeals

j. Default judgment motions/unopposed petitions to confirm

arbitration awards

h. Default Judgments/Unopposed Petitions to Confirm Arbitration Awards

1. Default Judgments: A party moving for default judgment must complete

and submit a proposed default judgment in the form attached as Appendix

A, containing evidentiary citations, with affidavits and other documentary

evidence in the record. Failure to comply constitutes grounds for denying

the default judgment motion.

2. Petitions to Confirm Arbitration Awards: A party moving to confirm an

unopposed petition to confirm an arbitration award must complete and

submit a proposed order in the form attached as Appendix B, containing

evidentiary citations, with affidavits and other documentary evidence.

Failure to comply constitutes grounds for denying the petition to confirm an

arbitration award.

III. Civil Pretrial Procedure

a. Joint Pretrial Orders. The Joint Pretrial Order shall be prepared under the

supervision of the magistrate judge to whom the case has been assigned in

accordance with the schedule set by the magistrate judge. The parties are directed

to cooperate with each other in the preparation of the Joint Pretrial Order, which

shall include the following topics addressed and labeled as follows:

1. The purported basis for the presence or absence of subject matter

jurisdiction;

2. The claims and defenses that remain to be tried;

3. Whether the case is to be tried with or without a jury, and the number of

trial days needed;

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4. Any stipulations or statement of facts that have been agreed to by all parties;

5. All fact and expert witnesses whose testimony is to be offered in its case in

chief, indicating whether such witnesses will testify in person or by

deposition. Only listed witnesses will be permitted to testify, except for good

cause shown;

6. The deposition testimony to be offered in its case in chief, with any cross-

designations and objections by any other party; and,

7. The exhibits to be offered in evidence including, where possible, anticipated

impeachment and rebuttal exhibits, and objections thereto. Questions of

authenticity, best evidence, chain of custody, and related grounds should be

resolved between the parties before trial. Only the exhibits listed will be

received in evidence except for good cause shown.

8. A statement as to whether or not all parties have consented to trial of the

case by a magistrate judge. The statement shall not identify which parties

have or have not consented.

b. Submissions Due Two Weeks Before Trial. Unless otherwise ordered by the

Court, each party shall electronically file the following items two weeks before trial:

1. Proposed, Non-Standard Voir Dire Questions;

2. Requests to Charge regarding the elements of the claims, the damages

sought and defenses. General instructions will be prepared by the Court.

The parties shall submit the same to chambers in hard copy and on

electronic media in Word format.

3. Motions in Limine must be fully briefed and filed. No extensions will be

granted.

4. All exhibits must be pre-marked, exchanged with the other parties, placed

in binders with tabs identifying the exhibit, and delivered to the Court.

c. Bench Trial Requirements. At least two weeks before trial, each party shall

electronically file and submit to the Court a courtesy copy of the following.

1. A complete set of documentary exhibits; a list of all exhibits that explains

what each exhibit is in one sentence; and a copy of the list of witnesses. All

exhibits must be pre-marked, exchanged with the other parties, placed in

binders with tabs identifying the exhibit.

2. Pretrial briefs which include the following:

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a. Explaining the elements of the claims or defenses

b. A detailed statement regarding damages and other relief sought

c. Proposed findings of fact and conclusions of law

d. Addressing any evidentiary issues or other issues which should be

resolved in limine or exhibit objections.

d. Meet and Confer. Consistent with Rule 37.3 of the Local Rules, prior to seeking

a pretrial conference or filing any non-dispositive pre-trial motions, the parties are

to meet and confer in an effort to reach agreement with respect to these

submissions or narrow the scope of the request. For additional guidance, the parties

are to refer to this Court’s decision in Fields v. Bayerische Motoren Werke

Aktiengesellschaft, No. 18-cv-2889 (GRB)(AYS), 2022 WL 905129, at *1

(E.D.N.Y. Mar. 28, 2022).

IV. Criminal Pretrial Procedures

a. Submissions Due One Week Before Trial: The parties must file proposed voir

dire, requests to charge, motions in limine and proposed verdict sheets and provide a

courtesy copy to chambers in hard copy and on electronic media in Word format at

least one week before trial.

b. Objections to Presentence Reports: Objections to presentence reports should be

filed under seal on ECF and served upon opposing counsel and the probation

department at least two weeks before sentencing. Responses must be filed one

week before sentencing.

c. Other Sentencing Filings: Sentencing submissions, including memoranda and

5K1.1 letters must be filed on ECF at least seven (7) business days before

sentencing.

V. FLSA/FDCPA/FCRA/NYLL/TCPA Cases

a. Court Mediation: All Fair Labor Standards Act (“FLSA”), Fair Debt Collection

Practices Act (“FDCPA”) and Fair Credit Reporting Act (“FRCA”) cases will be

referred to court mediation, including all class or collective actions.

b. Rule 68/Cheeks: In FLSA cases, the parties are reminded that acceptance of a

FRCP 68(a) offer of judgment disposes of FLSA claim without the need of review

by the Court, Yu v. Hasaki Rest., Inc., 944 F.3d 395 (2d Cir. 2019); otherwise, the

parties shall file a motion for approval of the settlement agreement in accordance

with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015).

VI. Pro Se Litigants

In all cases involving one or more pro se litigants, the following shall apply:

a. Responsibilities of Pro Se Litigant – A pro se litigant shall:

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1. Only communicate with the Court in writing.

2. Ensure that contact information on file remains current. Litigants are

cautioned that failure to comply with this Rule may unavoidably result in

dismissal of claims and/or entry of default judgment

3. Comply with all of the “Document Filing Guidelines for Litigants” (the

“Guidelines”), a copy of which is attached;

4. Mail all communications and filings to the Clerk’s Office as directed in the

Guidelines

The Pro Se Department will review all such communications and filings for reasonable

compliance with all applicable rules and the Guidelines. Pro se litigants are cautioned that

filings that fail to comply with these rules, as well as the Federal Rules of Civil Procedure

and the Local Rules, may be disregarded by the Court.

b. Responsibilities of Counsel in Matters involving Pro Se Litigants

In all cases involving a pro se litigant, counsel for represented parties shall:

1. Ensure adherence to and compliance with all applicable rules, including

Local Civil Rules 7.2, 12.1, 33.2, and 56.2.

2. Provide pro se litigants with a copy of this Court’s individual rules, and file a

certificate of service as early as practicable in the litigation.

3. Be responsible for compliance with this Court’s bundling rule, irrespective

of which party initiates the motion.

VII. Social Security Appeals

Consistent with the dictates of Fed. R. Civ. P. 1, which requires the construction of all

applicable rules “to secure the just, speedy, and inexpensive determination of every action and

proceeding,” as well as this district’s Administrative Order 2015-05 (“In re: Scheduling in Social

Security Cases”) (“AO”), the following shall apply in all Social Security disability appeals assigned to

Judge Brown:

1. In all cases in which the plaintiff is represented by counsel, along with its motion for

judgment on the pleadings, as required by AO(ii)(A), the plaintiff shall provide a

“Statement of Contentions.” This statement, conceptually similar to that required for

summary judgment motions by Local Rule 56.1, shall set forth a separate, short, and

concise statement, in numbered paragraphs, the contentions of the plaintiff as to the

alleged legal errors in the Secretary’s determination and/or the specific findings of the

decision of the Administrative Law Judge (“ALJ”) that, plaintiff contends, is not supported

by substantial evidence. Failure to submit such a statement may constitute grounds for

denial of the motion, and failure to identify a legal error or finding unsupported by

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substantial evidence may be deemed a waiver of such argument. See Selian v. Astrue, 708

F.3d 409, 420 (2d Cir. 2013) (discussing forfeiture of arguments not presented to district

court); Estrella v. Berryhill, 925 F.3d 90, 98 (2d Cir. 2019) (“claimants in Social Security

cases must preserve legal arguments—not necessarily factual ones”).

2. The responsive papers filed by the defendant, as required by AO(ii)(B), shall include an

“Opposing Statement of Contentions,” containing correspondingly numbered paragraph

responding to each numbered paragraph in the statement of the moving party. The failure

to include such an opposing statement may result in the striking of the opposition to the

motion.

3. Each contention by the movant and opponent made pursuant to this rule must be followed

by pinpoint citations to the administrative record, identifying evidence supporting and/or

rebutting each said contention.

By way of example, if plaintiff contends that the ALJ failed to properly assess plaintiff’s

residual functional capacity, plaintiffs Statement of Contentions should identify with

particularity the aspects of plaintiff’s purported disability which were disregarded by the

ALJ along with specific page citations identifying evidence supporting this claim. The

Government, in turn, in its Opposing Statements should provide citations identifying the

evidence which it believes the ALJ properly relied upon in reaching a determination as to

those specific findings.

4. Consistent with this Court’s scheduling order: Defendant will obtain and serve upon the

plaintiff but not file the administrative record of the proceedings within 60 days of the date

that this Order is docketed. Defendant’s answer to the complaint is waived. Within 45 days

from the filing of the record, plaintiff shall serve but not file upon defendant a motion for

judgment on the pleadings. Within 45 days from the receipt of plaintiff’s motion, defendant

shall serve but not file upon plaintiff its cross-motion. Any party wishing to file a reply

memorandum of law shall serve such reply memorandum of law within 30 days of the

receipt of the opposing memorandum of law. On that day, the movant(s) shall

electronically file the entire set of motion papers, statement of contentions, and the

administrative record with the Court. After electronic filing, the movant(s) shall mail to the

Court one hard copy of all motion papers marked as “Courtesy Copy” as per the

undersigned’s individual rules. Defendant shall mail to the Court one hard copy of the

Administrative Record.

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Appendix A

Proposed Order for Default Judgment

Case Name and Docket Number:

Having reviewed all of the moving papers, I hereby find as follows:

Service of Process and Default

X The record reflects that proper service was made on defendant. Docket Entry (“DE”)

X According to the record, no answer, motion or other appearance was filed on behalf of defendant.

X The Clerk has properly entered notation of default pursuant to Fed. R. Civ. P. 55(a)

Liability

Defendant’s default constitutes “an admission of all well-pleaded allegations against the defaulting

party.” Vermont Teddy Bear Co. v. 1–800 BEARGRAM Co., 373 F.3d 241, 244 (2d Cir.2004). Nevertheless, the

Court is “required to determine whether the [plaintiffs’] allegations establish [defendant]'s liability as a

matter of law.” Finkel v. Romanowicz, 577 F.3d 79, 85 (2d Cir. 2009). Based upon examination of the

complaint and motion papers, I find that plaintiffs have demonstrated that the uncontroverted allegations,

without more, establish the defendant's liability on the following cause(s) of action:

DE

Damages

Based upon a review of affidavits and other documentary evidence, see Transatl. Marine Claims

Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997) (holding a court may rely upon affidavits

and documents in calculating damages upon default), I find that the plaintiff has established damages in the

following amounts:

X Principal Damages, DE $

Basis:

1

Appendix A

X Pre-judgment interest of %

from date to date of judgment, DE

X Attorneys’ Fees $ 1

Provider Presumptive Rate Hours Documented Fees

Type Maximum Sought Requested in

Rate

Paralegal $1102 DE

Associate $100-2953 DE

Attorney

Partner

$200-3754

DE

X Costs, DE $ 5

1. Filing Fee:

2. Process Server Fee:

3. Other:

TOTAL $

Conclusion

For the foregoing reasons, the undersigned grants plaintiffs’ motion, and awards damages in a

manner consistent with this opinion.

SO ORDERED.

GARY R. BROWN, United States District Judge Date

1 Millea v. Metro-North R.R. Co., 658 F.3d 154, 166 (2d Cir. 2011) (the lodestar creates the “presumptively

reasonable fee”).

2 Gesualdi v. Seacoast Petroleum Prods., Inc., 97 F. Supp. 3d 87, 105-06 (E.D.N.Y. 2015).

3 Id.

4 Trs. of Empire State Carpenters Annuity, Apprenticeship, Labor-Mgmt. Co-op., Pension & Welfare Funds v.

Flooring Experts, Inc., No. 12-CV-6317 ADS AKT, 2013 WL 4761151, at *9 (E.D.N.Y. Sept. 3, 2013).

5 Alland v. Consumers Credit Corp., 476 F.2d 951 (2d Cir. 1973) (“costs” generally include such expenses as filing

2

fees).

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Appendix B

Proposed Order on Petition to Confirm Arbitration Award

Case Name and Docket Number:

Having reviewed all of the moving papers, I hereby find as follows:

Service of Process and Default

X The record reflects that proper service was made on respondent. Docket Entry (“DE”)

X According to the record, no answer, motion or other appearance was filed on behalf of respondent. DE _

Confirmation of the Award

This is an action under Employee Retirement income Security Act (“ERISA”), the Labor Management

Relations Act (“LMRA”), the Federal Arbitration Act (“FAA”), to confirm and enforce an arbitration award. DE

.

Confirmation of an arbitration award is a “summary proceeding that merely makes what is already a

final arbitration award a judgment of the court . . . and the court must grant the award unless the award is

vacated, modified or corrected.” D.H. Blair & Co. v. Gottdiener, 462 F.3d 95, 110 (2d Cir. 2006) (citing 9 U.S.C.

§ 9) (internal quotation marks omitted). As a result, “courts must grant an arbitrator’s decision great

deference.” Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Mgmt. Cooperation, Pension

& Welfare Funds v. HVH Enter. Corp., No. 13-CV-2769 (JS)(ARL), 2014 WL 923350, at *3 (E.D.N.Y. Mar. 10, 2014)

(citation omitted) (brackets omitted); see also National Football League Players Ass’n v. Nat’l Football League

Mgmt. Council, 523 F. App’x 756, 760 (2d. Cir. 2013) (same). A court’s review of an arbitration award

pursuant to a collective bargaining agreement “is very limited.” Major League Baseball Ass’n v. Garvey, 532

U.S. 504, 509 (2001). The arbitrator’s reasoning for an award does not require an explanation, “and the

award should be confirmed if a ground for the arbitrator’s decision can be inferred from the facts of the

case .......Only a barely colorable justification for the outcome reached by the arbitrator is necessary to confirm

the award.” D.H. Blair, 462 F.3d at 110 (internal quotation marks and citations omitted); see also A&G Coal

Corp. v. Integrity Coal Sales, Inc., 565 F. App’x 41, 43 (2d Cir. 2014). Even though the Court may not have all of

the material that the arbitrator based his decision on “the Court need only ensure that the arbitrator had some

grounds on which to grant the damages spelled out in the [a]ward.” In re Certain -Default- Motions Brought

o/b/o Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Mgmt. Coop., Pension & Welfare

Funds, Nos. 13-6364 and 14-325 (ADS) (GRB), 2015 WL 968125, at *5 (E.D.N.Y. Feb. 27, 2015), adopted by, 2015

WL 1247085 (E.D.N.Y. Mar. 18, 2015), and, No. 14-CV-2893 (JS) (GRB), adopted by, 2015 WL 1396475 (E.D.N.Y.

Mar. 25, 2015) (citation omitted). Since a petition to confirm an arbitration award is generally accompanied

by a record, the Second Circuit has instructed that the court treat an unanswered petition “as akin to a motion

for summary judgment based on the movant’s submissions.” D.H. Blair, 462 F.3d at 109-10. Thus, the court

may decide the merits of a petition to confirm an arbitration award based solely on the petition and

accompanying submissions. Id.

Based upon examination of the unanswered Petition and motion papers, I find that petitioners have

demonstrated that there are no genuine issue of material fact precluding summary judgment as to all

portions of the arbitrator’s award as the arbitrator’s decision drew its essence from the collective bargaining

agreement and provides more than “a barely colorable justification for the outcome reached.” D.H. Blair,

462 F.3d at 110.

1

#

Appendix B

Damages

Petitioners seek to (1) confirm the Arbitration Award, and be awarded (2) judgment against

respondent for pursuant to the Arbitration Award. DE . Based upon a review of the

Petition, motion papers, declaration and other documentary evidence, see Trustees of Empire State

Carpenters Annuity, Apprenticeship, Labor-Mgt Cooperation, Pension and Welfare Funds v. Gregory, No. 14-cv-

2900 (ADS) (SIL), 2015 WL 1611307, at *6 (E.D.N.Y. Apr. 10, 2015) (relying on petitioners’ submissions to

support confirmation of unanswered arbitration award and calculate damages), I find that petitioners have

established that the arbitrator’s award should be confirmed, and the following be awarded:

X Principal Damages from Arbitration Award, DE $ 1

Principal deficiency:

Interest:

Liquidated Damages:

Attorneys’ Fees:

Arbitrator’s Fee:

X Pre-judgment interest of %

from date of Arbitration Award to date of judgment, DE

X Attorneys’ Fees $ 2

Provider Presumptive Rate Hours Documented Fees

Type Maximum Sought Requested in

Rate

Paralegal $1103 DE

Associate $100-2954 DE

Attorney

Partner $200-3755 DE

1 Trustees of Ne. Carpenters Health, Pension, Annuity, Apprenticeship, & Labor Mgmt. Cooperation Funds v. Excel

Installations, LLC, No. CV 17-4764(JS)(GRB), 2018 WL 3397551, at *1 (E.D.N.Y. Feb. 21, 2018), report and

recommendation adopted, 2018 WL 1686107 (E.D.N.Y. Mar. 31, 2018) (confirming similar principal damages from

arbitration award for causes of action under ERISA, LMRA, and FAA).

2 In re Certain -Default- Motions, 2015 WL 968125, at *9 (citing Millea v. Metro-North R.R. Co., 658 F.3d 154, 166

(2d Cir. 2011)) (the lodestar creates the “presumptively reasonable fee,” and awarded attorneys’ fees up to

$2,125.50)

3 Gesualdi v. Seacoast Petroleum Prods., Inc., 97 F. Supp. 3d 87, 105-06 (E.D.N.Y. 2015).

4 Id.

5 Trs. of Empire State Carpenters Annuity, Apprenticeship, Labor-Mgmt. Co-op., Pension & Welfare Funds v.

2

Flooring Experts, Inc., No. 12-CV-6317 ADS AKT, 2013 WL 4761151, at *9 (E.D.N.Y. Sept. 3, 2013).

3

#

Appendix B

X Costs, DE $ 6

1. Filing Fee:

2. Process Server Fee:

3. Other:

4

TOTAL SUM $

Conclusion

Based on the foregoing, the Court hereby confirms the Arbitration Award, and orders that

petitioners be awarded (2) a judgment against respondent for pursuant to the Arbitration

Award.

SO ORDERED.

GARY R. BROWN, United States District Judge Date

6 Local 335 United Serv. Workers Union, Int’l Union of Journeymen and Allied Trades v. Twin Cty.

HVAC/Refrigeration LLC, No. CV 14-5612 (ADS)(GRB), DE 10 (E.D.N.Y. Feb. 22, 2016), report and

recommendation adopted, DE 13 (E.D.N.Y. Mar. 28, 2016) (awarding costs of $515.00 in a petition to confirm

arbitration award); see also In re Certain -Default- Motions, 2015 WL 968125, at *11 (awarding costs up to

$550.00).

5