UBS Financial Services Inc. v. Brinkman

Filing 11

ORDER signed by Chief District Judge Kimberly J. Mueller on 11/18/2021 GRANTING 6 Motion to confirm arbitration award. Brinkman shall immediately pay USB the arbitration award in the amount of $116,596.70. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UBS Financial Services, Inc.,

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No. 2:21-cv-01222-KJM-AC

Petitioner,

ORDER

v.
Dane Alvin Brinkman, an individual,
Respondent.

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Petitioner UBS Financial Services, Inc.’s (UBS) motion to confirm the arbitration award

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against respondent Dane Alvin Brinkman under the Federal Arbitration Act (FAA) is before the

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court. Brinkman is a former UBS employee. He has not filed an opposition to petitioner’s

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motion. The court grants the motion.

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Brinkman is a former securities broker and was a registered representative with Financial

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Industry Regulatory Authority Dispute Resolution (FINRA) during his employment with UBS.

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Pet. ¶ 5, ECF No. 1. On September 9, 2020, a FINRA arbitration panel found Brinkman liable for

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not repaying an employee loan and awarded UBS the amount of $116,596.70. Mem. P. & A.

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at 2, ECF No. 6-1. Previously, the parties had agreed to binding arbitration as the method of

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resolving any employment disputes. See generally Mot. Ex. 1 (Form U-4) at 4–18, ECF No. 6-2

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(signed by Brinkman on July 23, 2004 confirming disputes arising out of his employment with

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UBS would be settled via FINRA arbitration); Award at 1, ECF No. 6-2 (award issued Sept. 4,
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2020 in UBS Financial Services Inc. v. Dane A. Brinkman, FINRA Case No. 08-03708,

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determining Brinkman liable). On July 13, 2021, USB filed the instant motion. See generally

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Mot., ECF No. 6. The court submitted the matter on the papers. See Minutes, ECF No. 9.

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The FAA permits any party to apply to the court within one year after an arbitration award

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is made to confirm, vacate, modify, or correct the award. See 9 U.S.C. § 9. A court must confirm

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an arbitration award “unless the award is vacated, modified, or corrected.” See id.; Kyocera

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Corp. v. Prudential–Bache Trade Servs., Inc., 341 F.3d 987, 997 (9th Cir. 2003). Specifically,

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the court’s review of an arbitration award is narrow: sections 10 and 11 of the FAA statute permit

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a federal court to

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correct a technical error, [ ] strike all or a portion of an award
pertaining to an issue not at all subject to arbitration, [or] vacate an
award that evidences affirmative misconduct in the arbitral process
or the final result or that is completely irrational or exhibits a
manifest disregard for the law.
See Kyocera, at 997–98; see also 9 U.S.C. §§ 10-11.
Here, the FINRA arbitration award has not been vacated, modified, or corrected. See

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Watson Decl. ¶ 3, ECF No. 6-2. USB filed its motion within one year of the arbitration award’s

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issuance and none of the conditions permitting vacation, modification, or correction of the award

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is present here. There is no evidence of technical errors, issues beyond the scope of arbitration,

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affirmative misconduct, or an arbitral process or result that is irrational or disregards the law.

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Brinkman did not file any opposition to this motion and thus appears not to contest its validity.

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The court grants USB’s motion to confirm the arbitration award. Brinkman shall
immediately pay USB the arbitration award in the amount of $116,596.70.

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This order resolves ECF No. 6.

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IT IS SO ORDERED.

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DATED: November 18, 2021.

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