Corry v. PuroSystems, Inc.

Filing 23

ORDER signed by District Judge Troy L. Nunley on 11/18/2014 DENYING 19 Motion for Relief from Judgment. (Michel, G)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JACK CORRY,

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No. 2:13-cv-873-TLN-KJN
Plaintiff,

v.

ORDER

PUROSYSTEMS, INC.,

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Respondent.

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The matter is before the Court on Petitioner Jack Corry’s (“Petitioner”) motion for relief

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from judgment. (ECF No. 19.) For the same reasons outlined in the Court’s previous order (ECF

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No. 15), Petitioner’s motion is denied.

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I.

Background

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Purosystems, Inc. (“Respondent”) is a Florida-based company that owns casualty cleaning

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and repair franchises. (ECF No. 1-2 at 4.) Petitioner entered into an agreement with Respondent

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in 2007. A contractual dispute arose in 2012, which proceeded to arbitration and resulted in an

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$85,639.53 award favorable to Respondent, which Respondent received on February 4, 2013.

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(ECF No. 1 ¶¶ 7, 12.)

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On April 16, 2013, Respondent filed an action to confirm the award with the United States

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District Court for the Southern District of Florida. On January 31, 2014, that court confirmed the

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award. (See Purosystems Inc. v. Corry, 13-cv-60892 (S.D. Fl. Jan. 31, 2014), ECF Nos. 1, 29.)
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On May 3, 2013, before the Southern District confirmed the award, Petitioner filed an

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action with this Court to vacate the arbitration award. (ECF No. 1.) On July 17, 2013,

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Respondent filed a motion to dismiss that action. (ECF No. 7.) On September 6, 2013, this Court

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granted the motion to dismiss with prejudice due to: 1) Petitioner’s failure to serve its vacatur

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motion within three months as mandated by 9 U.S.C. § 12, and 2) Respondent’s prior filing to

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confirm the award in Florida. (ECF No. 15.)

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Petitioner now seeks relief from the Court’s previous order pursuant to Fed. R. Civ. Proc.

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60(b)(1), which provides, in relevant part, that the Court may provide relief from judgment on

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grounds of mistake, inadvertence, surprise, and excusable neglect. (ECF No. 19.)

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II.

Analysis

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The Court finds no grounds under Rule 60(b)(1) to depart from its previous order. Under

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9 U.S.C. § 12, “[a] [n]otice of a motion to vacate, modify, or correct an award must be served

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upon the adverse party or his attorney within three months after the award is filed or

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delivered….” Respondent contends, and Petitioner does not dispute, that Petitioner failed to

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serve its motion to vacate within three months of the underlying arbitration award in this case.

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See Brotherhood of Teamsters v. Celotex Corp, 708 F.2d 488, 490 (9th Cir. 1983) (refusing to

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consider arguments regarding arbitration award made three months after issuance of award);

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Sheet Metal Workers’ Int’l Ass’n, Local No. 252 v. Standard Sheet Metal., 699 F.2d 481, 483 (9th

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Cir. 1983) (running of statute of limitations bars losing party from bringing defenses). Petitioner

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cites no authority that would exempt his action from 9 U.S.C. § 12.

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The Court also declines to take jurisdiction over this matter, pursuant to the “first to file”

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rule. Respondent filed its action to confirm the award in the Southern District of Florida, prior to

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the filing of the instant vacatur motion in this district. The Florida court noted that Petitioner had

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filed an action in this Court, noted that it was the first court to possess jurisdiction, and confirmed

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the award. (Corry, 13-cv-60892, ECF No. 28 at 4, fn. 1.) See e.g. Barapind v. Reno 225 F.3d

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1100, 1109 (9th Cir. 2000) (“The principles of comity allow a district court to decline jurisdiction

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over an action where a complaint involving the same parties and issues has already been filed in

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another district.”). Therefore, Petitioner’s motion for relief from judgment (ECF No. 19) is
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denied.

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Dated: November 18, 2014

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Troy L. Nunley
United States District Judge

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