Dell'Oro Group, Inc. v. Weckel

Filing 61

ORDER RE 57 MOTION TO CONFIRM ARBITRATION AWARD. Signed by Judge James Donato on 8/26/2019. (jdlc3S, COURT STAFF) (Filed on 8/26/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DELL'ORO GROUP, INC.,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 3:17-cv-00750-JD
ORDER RE MOTION TO CONFIRM
ARBITRATION AWARD

v.
ALAN WECKEL, et al.,

Re: Dkt. No. 57

Defendants.

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Defendants Alan Weckel and 650 Group (“Weckel”) filed a motion to confirm arbitration

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award and enter judgment against plaintiff Dell’Oro Group (“Dell’Oro”). Dkt. No. 57. At the

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August 22, 2019, hearing on the motion, the parties agreed that the final arbitration award should

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be confirmed and judgment entered. Dkt. No. 60. Consequently, Weckel’s motion is granted.

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BACKGROUND
Dell’Oro filed this suit against its former employee, Weckel, in February 2017. In April

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2017, Dell’Oro filed an amended complaint, adding Weckel’s new company, 650 Group, as a

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defendant and alleging breach of contract, violation of the Computer Fraud and Abuse Act;

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unauthorized computer access and fraud; violation of the Defend Trade Secrets Act; and

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misappropriation of trade secrets claims. Dkt. No. 13. The parties are competitors in providing

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market research about the telecommunications and related industries. Id. ¶¶ 9, 35.

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In May 2017, Weckel filed a motion to arbitrate and stay this action pending completion of

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the arbitration. Dkt. No. 31. Dell’Oro opposed the motion. Dkt. No. 42. The motion to arbitrate

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was granted after the Court found defendants had not waived their right to arbitration by engaging

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in litigation conduct and defendants had standing to invoke the agreement. Dkt. No. 53. After

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five days of hearing, the arbitrator issued interim and final awards in favor of Weckel. Dkt. No.

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57-1, Exs. 3, 4.

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Weckel has filed a motion pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 9,

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to confirm the arbitration award and enter judgment. Dkt. No. 57. He has clarified that he seeks

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no fees or costs other than those awarded by the arbitrator. Dkt. No. 59. The arbitrator’s final

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award incorporates the provisions of the interim award, Dkt. No. 57-1, Ex. 3, and also requires

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Dell’Oro to pay $17,817.31. Dkt. No. 57-1, Ex. 4 at ECF p. 36.
DISCUSSION

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A court’s review of an arbitration award under the FAA is “both limited and highly

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deferential.” Coutee v. Barington Capital Grp., L.P., 336 F.3d 1128, 1132 (9th Cir. 2003)

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United States District Court
Northern District of California

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(quoting Sheet Metal Workers’ Int’l Ass’n v. Madison Indus., Inc., 84 F.3d 1186, 1190 (9th Cir.

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1996)). A court must confirm an arbitrator’s award unless one of the following four exceptions

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applies:

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(1) where the award was procured by corruption, fraud, or undue means;
(2) where there was evident partiality or corruption in arbitrators, or either of them;
(3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing,
upon sufficient cause shown, or in refusing to hear evidence pertinent and material to
the controversy; or of any other misbehavior by which the rights of any party have
been prejudiced; or
(4) where the arbitrators exceeded their powers, or so imperfectly executed them that a
mutual, final, and definite award upon the subject matter submitted was not made.

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9 U.S.C. § 10(a).
Neither party suggests that any of the above exceptions apply. Moreover, Dell’Oro does

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not oppose the Court’s entry of an order confirming the final arbitration award and entry of

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judgment against it in conformity with that award. Dkt. Nos. 58, 60. In light of Dell’Oro’s non-

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opposition to the motion, and because none of the exceptions to enforcing the arbitrator’s award

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applies, the motion to confirm the final arbitration award is granted.

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CONCLUSION

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Weckel’s motion to confirm the final arbitration award against Dell’Oro, Dkt. No. 57-1,
Ex. 4, is granted and judgment will be entered accordingly.
IT IS SO ORDERED.
Dated: August 26, 2019

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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