Randhawa v. Skylux, Inc., et al.

Filing 141

ORDER re: Arbitration Fees and Expenses signed by Judge William B. Shubb on 8/31/2012 ORDERING that Shannon Callnet reimburse Interactive the sum of $1,100.00 bases on the arbitration fees and expenses Interactive paid. (Donati, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
----oo0oo---11
12

MOHIT RANDHAWA aka HARPAL SINGH;
SHANNON CALLNET PVT LTD,

13
Plaintiffs,

NO. CIV. 2:09-2304 WBS KJN

14
15
16
17
18
19

ORDER RE: ARBITRATION FEES AND
EXPENSES

v.
SKYLUX INC., INTERACTIVE
INTELLIGENCE, INC., MUJEEB
PUZHAKKARAILLATH, SKYLUX
TELELINK PVT LTD; and DOES 1
through 20, inclusive,
Defendants.
/

20
21
22

----oo0oo---Plaintiff Shannon Callnet Pvt. Ltd. (“Shannon Callnet”)

23

and defendant Interactive Intelligence, Inc. (“Interactive”)

24

engaged in mandatory arbitration of Shannon Callnet’s claims

25

against Interactive and the arbitrator found in favor of

26

Interactive.

27

arbitrator’s award and entered judgment in favor of Interactive

28

pursuant to 9 U.S.C. § 9.

On August 3, 2012, the court confirmed the

(Docket Nos. 131, 132.)
1

In its Order

1

confirming the arbitrator’s award, the court did not address the

2

arbitrator’s determination that Shannon Callnet should reimburse

3

Interactive $1,100.00 for the fees and expenses Interactive had

4

paid for the arbitration.

5

Specifically, the arbitrator

found:

The costs of this arbitration shall be borne [by]
Claimant by reason of Claimant’s failure to participate
in the proceeding. Accordingly, the administrative fees
and expenses of the International Centre for Dispute
Resolution (“ICDR”) totaling $3,125.00 shall be borne by
Claimant, and the compensation of the Arbitrator totaling
$1,856.25 shall be borne by Claimant.
Therefore,
Claimant shall reimburse Respondent the sum of $1,100.00,
representing that portion of said fees and expenses
previously incurred by Respondent.

6
7
8
9
10
11

(Docket No. 139-1 at 6.)

12

Shannon Callnet does not object to confirmation of the

13

arbitrator’s determination that it reimburse Interactive

14

$1,100.00 for the fees and expenses Interactive paid toward the

15

arbitration and the court sees no reason why it should depart

16

from the arbitrator’s determination.

17

Co., Inc. v. Gottdiener, 462 F.3d 95, 110 (2d Cir. 2006)

18

(“Normally, confirmation of an arbitration award is ‘a summary

19

proceeding that merely makes what is already a final arbitration

20

award a judgment of the court,’ and the court ‘must grant’ the

21

award ‘unless the award is vacated, modified, or corrected.’”

22

(quoting Florasynth, Inc. v. Pickholz, 750 F.2d 171, 176 (2d Cir.

23

1984) and 9 U.S.C. § 9)).

24

See generally D.H. Blair &

IT IS THEREFORE ORDERED that Shannon Callnet reimburse

25

Interactive the sum of $1,100.00 based on the arbitration fees

26

///

27

///

28

///
2

1

and expenses Interactive paid.

2

DATED:

August 31, 2012

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3