Evander Holyfield v. Julien Entertainment.com Inc et al

Filing 71

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Plaintiff's Motion for Release of Bond Obligation and Confirmation of Arbitration Award 67 is hereby GRANTED IN PART and DENIED IN PART. Based on the parties' agreement, the bond is here by EXONERATED. The Clerk of Court is authorized to return the bond to plaintiff. The Court RESERVES ruling on plaintiff's request to confirm the arbitrator's award until such time as the arbitrator has resolved the question of which party should bear the cost of returning items not sold at auction. The Court will consider whether fees should be awarded after plaintiff files a motion for attorney's fees. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:12-cv-09388-CAS(FFMx)

Title

EVANDER HOLYFIELD V. JULIEN ENTERTAINMENT.COM INC,
ET AL.

Present: The Honorable

Date

May 21, 2014

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants

Not Present

Not Present

Proceedings:

(In Chambers:) PLAINTIFF’S MOTION FOR RELEASE OF
BOND OBLIGATION AND CONFIRMATION OF
ARBITRATION AWARD (Dkt. #67, filed April 28, 2014)

The Court finds this motion appropriate for decision without oral argument. Fed.
R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of June 2, 2014, is vacated,
and the matter is hereby taken under submission.
The facts and procedural history of this case are set forth in the Court’s prior
orders, including the Court’s order granting plaintiff’s application for a temporary
restraining order, dkt. #39, and the Court’s order staying this action pending resolution of
plaintiff’s claims in arbitration, dkt. #59.
An arbitration was conducted in this matter at the JAMS office in Santa Monica,
California on October 16 through 18, 2013. Dkt. #67, Ex. A. On April 28, 2014,
plaintiff filed a motion seeking confirmation of the arbitration award, as well as the
resolution of several other issues. Dkt. #67. Defendants responded on May 19, 2014.
Dkt. #68.1 The Court addresses each issue in turn.

1

On May 20, 2014, plaintiff filed an objection to defendants’ opposition on the
grounds that it is untimely, and effectively precludes him from filing a reply brief. Dkt.
#69. Defendants respond that they did not become aware of the present motion at the
time that it was filed because the electronic notification was sent to counsel who are no
longer working on this matter, or are no longer employed by the firm representing
defendants. Defendants request that the Court consider their response even though it is
untimely. Based on defendants’ representations, the Court finds that defendants’
response should be considered in ruling on the present motion. Moreover, as set forth
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:12-cv-09388-CAS(FFMx)

Date

May 21, 2014

Title

EVANDER HOLYFIELD V. JULIEN ENTERTAINMENT.COM INC,
ET AL.

First, plaintiff seeks the release of a preliminary injunction bond in the amount of
$250,000, which was posted in December 2012. See dkt. #49. Defendants state that they
do not oppose the release of the bond. Based on the parties’ agreement, the bond is
hereby EXONERATED. The Clerk of Court is authorized to return the bond to plaintiff.
Second, plaintiff seeks confirmation of the arbitrator’s award. Defendants state
that they do not oppose this. However, it appears that a dispute has arisen between the
parties regarding which party is responsible for returning to plaintiff items not sold at
auction, as well as which party is responsible for the cost of such return. The parties
appear to agree that this issue was not previously resolved by the arbitrator. The Court
finds that this dispute should be resolved by the arbitrator, since it involves the
interpretation of the Consignment Agreement. See dkt. #1, Ex. A (providing that “any
dispute, claim or controversy in connection with this agreement . . . will be resolved
exclusively by final, binding arbitration”). Accordingly, the Court RESERVES ruling on
plaintiff’s request to confirm the arbitrator’s award until such time as the arbitrator has
resolved the question of which party should bear the cost of returning items not sold at
auction.
Third, plaintiff states that he intends to seek, in a separate motion, an award of
attorney’s fees on the grounds that he is the prevailing party in this action. Defendants
contend that the arbitrator’s findings provide a sufficient basis for concluding that
plaintiff should not be awarded fees. The Court declines to resolve this issue at this
stage. Rather, the Court will consider whether fees should be awarded after plaintiff files
a motion for attorney’s fees.
In accordance with the foregoing, plaintiff’s motion is hereby GRANTED IN
PART and DENIED IN PART. Additionally, the Court RESERVES ruling on the
parties’ request for confirmation of the arbitrator’s award.
IT IS SO ORDERED.
00
Initials of Preparer

:

00

CMJ

herein, the Court finds that the issues raised by plaintiff’s motion are either undisputed or
not situated for immediate resolution by this Court. Thus, plaintiff will not be prejudiced
by an inability to file a reply.
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