Taylor v. Hunter
DECISION and ORDER granting 1 Plaintiff's Motion to Confirm Arbitration Award. Judgment shall be entered against deft Hunter for $155,494.91 in compensatory damages; $34,775.47 in interest from March 19, 2012 through September 12, 2014; and any interest accruing from September 12, 2014 until the date the award is paid in full, at a rate of 9% per annum. Signed by Senior Judge Thomas J. McAvoy on 12/30/2014. (lah)
3UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
DEBORAH J. TAYLOR,
DONALD H. HUNTER, JR.,
DECISION & ORDER
Thomas J. McAvoy, Senior District Judge.
Plaintiff Deborah J. Taylor moves for an order from this Court confirming an
arbitration award entered against Donald H. Hunter, Jr., by a panel appointed by the Office
of Dispute Resolution of the Financial Industry Regulatory Authority. See dkt. # 1. Plaintiff
asserts that the award was valid, that the Court should confirm this arbitration award, and
that the Court should order payment of the $155,494.91 as well as interest of 9% per
annum from March 19, 2012 until the award is paid. Defendant was served with notice of
the motion, but has not replied.
Federal law provides that “[i]f parties in their agreement have agreed that a
judgment of the court shall be entered upon the award made pursuant to the arbitration,
and shall specify the court, then at any time within one year after the award is made any
party may apply to the court so specified for an order confirming the award[.]” 9 U.S.C. §
9. The Court is required to “grant such an order unless the award is vacated, modified, or
corrected[.]” Id. The Federal Arbitration Act thus “provides for judicial confirmation of
arbitral awards on consent of the parties.” Idea Nuova, Inc. v. GM Licensing Group, Inc.,
617 F.3d 177, 180 (2d Cir. 2010). “W here the parties have so agreed, an arbitral award is
entitled to ‘strong deference[.]’” Id. (quoting Porzig v. Dresdner, Kleinwort, Benson, N. Am.
LLC, 497 F.3d 133, 138 (2d Cir. 2007)). Under those circum stances, “confirmation
ordinarily is ‘a summary proceeding that merely makes what is already a final arbitration
award a judgment of the court[.]’” Id. (quoting D.H. Blair & Co. v. Gottdiener, 462 F.3d 95,
110 (2d Cir. 2006)). “The arbitrator’s rationale for the award need not be explained, and
the award should be confirmed ‘if a ground for the arbitrator’s decision can be inferred
from the facts of the case[.]’” D.H. Blair, 462 F.3d at 110 (quoting Barbier v. Shearson
Lehman Hutton, Inc., 948 F.2d 117, 121 (2d Cir. 1991)). T he award may be confirmed
even when there is only “‘a barely colorable justification for the outcome reached’ by the
arbitrators[.]’” Id. (quoting Landy Michaels Realty Corp. v. Local 32B-32J, 954 F.2d 794,
797 (2d Cir. 1992)).
The Parties’ agreement to arbitrate their dispute, submitted to this Court as part of
Plaintiff’s motion, indicates that they agreed “to abide by and perform any award(s)
rendered pursuant” to the agreement, and that “a judgment and any interest due thereon
may be entered upon such award(s)[.]” See Exh. D to Plaintiff’s Motion, dkt. # 1-4, at ¶ 4.
The parties further consented “to submit to the jurisdiction of any court of competent
jurisdiction which may properly enter such judgment.”
Defendant had an opportunity to respond to the motion and did not. No evidence
thus exists by which the Court could conclude that the award was vacated, modified, or
corrected. See 9 U.S.C. § 9. Moreover, the Court has reviewed the parties’ submissions
to the arbitrator and the arbitrator’s decision, and f inds that the grounds for the arbitrator’s
decision can be clearly inferred from the facts of the case. The arbitrator’s award must
therefore be confirmed.
The Court will therefore:
1. GRANT the Plaintiff’s motion to confirm the arbitration award, dkt. # 1; and
2. Enter judgment against Defendant Hunter for:
a. $155,494.91 in compensatory damages;
b. $34,775.47 in interest from March 19, 2012 through September 12, 2014;
c. any interest accruing from September 12, 2014 until the date the award is
paid in full, at a rate of 9% per annum.
IT IS SO ORDERED.
Dated: December 30, 2014
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