Fifield v. Securities America, Inc. et al

Filing 10

ORDER AND JUDGMENT Confirming an Arbitration Award. Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF
MICHIGAN

KEVIN CLAYTON FIFIELD
CASE NO. 18-10150
HON. DENISE PAGE HOOD

Movant,
v.
SECURITIES AMERICA, INC., and
FINANCIAL INDUSTRY REGULATORY
AUTHORITY, INC.
Respondents.

ORDER AND JUDGMENT
CONFIRMING AN ARBITRATION
AWARD
This matter is before the Court on the motion of the movant, Kevin
Clayton Fifield, for an order and judgment confirming an arbitration award in
its entirety pursuant to the applicable provisions of 9 U.S.C. § 9.
The movant and respondents are parties to various contracts evidencing
transactions involving commerce to settle by arbitration a controversy
thereunder arising out of such contract or transaction within the meaning of 9
U.S.C. § 2. In 2017 the movant initiated an arbitration proceeding against the
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respondent by filing a statement of claim with the Financial Industry
Regulatory Authority ("FINRA"), the successor to the National Association of
Securities Dealers, Inc. The arbitrator conducted a telephonic hearing with a
listed hearing site of Detroit, Michigan, and issued an award (the "Award") on
November 16, 2017. A copy of the Award is attached hereto as Exhibit A.
Accordingly, the Court having reviewed the record and being duly and
sufficiently advised, it is ORDERED, ADJUDGED and DECREED that:
1.

This court has subject matter jurisdiction of this action to confirm

an arbitration award pursuant to 9 U.S.C. § 9.
2.

This court has jurisdiction of the persons of the respondents

because they have been duly served with process in accordance with 9 U.S.C. §
9.
3.

Venue is properly established in this Court pursuant to 9 U.S.C. §

9 because the arbitration hearing which resulted in the subject award was
designated with a hearing site of Detroit, Michigan, as evidenced by the Award.
4.

The parties agreed, in written agreements evidencing transactions

involving commerce, to settle by arbitration an existing controversy or any
controversy thereafter arising out of such contract or transaction between the
parties, under such agreements.
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5.

The arbitrator conducted a telephonic hearing and made an Award

with the designated hearing site of Detroit, Michigan. A copy of the Award,
which was made on November 16, 2017, is attached as Exhibit A and is
incorporated herein in its entirety by reference.
6.

The parties have agreed and applicable law provides that a

judgment may be entered upon the Award made pursuant to the arbitration
proceeding.
7.

The movant's application for an order and judgment confirming the

Award is GRANTED. The Award, the terms and conditions of which are
incorporated herein in their entirety by reference, in confirmed as the judgment
of this Court and, pursuant to 9 U.S.C. § 9, MCLA 691.1702 and MCLA
691.1705, may be enforced as any other judgment or degree.
8.

Pursuant to numerical paragraph (1) of the Award, respondents

shall expunge from the movant, Kevin Clayton Fifield's registration records
(CRD# 1627832) all references to the customer complaints; Occurrence
Number 1670230 and Occurrence Number 1433594.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: April 17, 2018
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I hereby certify that a copy of the foregoing document was served upon counsel of
record on April 17, 2018, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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