ABC v. DEF
Filing
20
ORDER AND FINAL JUDGMENT RECOGNIZING AND CONFIRMING ARBITRATION AWARD. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. TI1e Court has subject-matter jurisdiction over this matter under 28 U.S.C. §1332(a)(2), because diversity of citizenship is c omplete between Petitioners, residents of the State of California, and Respondents, who reside or have an office in the State of New York, and the amount in controversy exceeds $75,000, exclusive of interest and costs. The Court further has subj ect-matter jurisdiction under 9 U.S.C. § 9, which grants original federal jurisdiction over an action or proceeding to confirm an arbitration award entered in a proceeding in the United States. See 9 U.S.C. § 9. Here, the parties agreed to the application of the AAA Commercial Rules and specifically AAA Commercial Rule 52(c) which provides in relevant part that "[p]arties to an arbitration under these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof.". The application to confirm an arbitration award "shall be made and heard in the manner provided by law for the making and hearing of motions." 9 U.S.C. § 6. 2. This Final Judgment fully incorporates herein and confirms as a judgment of this Court the entire Arbitration Award entered by the AAA in the matter of Brian Newberry and Kameren Newberry, individually and as Trustees of the Newberry Family Tr ust, Claimants/Counterclaim-Respondents, vs. Sri Prayal Wijegoonaratna and Ball Pond Capital, LLC, Respondents/Counterclaimants, AAA Arbitration Case No. 01-19-0000-7799 on June 16, 2020. 3. The Court confirms the AAA Award in full and enters as judg ment of this Court in favor of Petitioners Brian Newberry and Kameren Newberry: a. An award of $926,158.65 against Respondent Ball Pond Capital, LLC, which represents compensatory damages of $700,000 and reimbursement of fees and costs of & #036;226,158.65 and of that amount, Respondent Sri Prayal Wijegoonaratna is jointly and severally liable for the sum of $205,935.43 plus interest of $16.93 daily from the date of the award, June 16, 2020, through the date of this judgment, November 16, 2020, in the amount of $2,530.22. b. An award of prejudgment interest against Respondent Ball Pond Capital, LLC of $74.46 daily accruing from the date of the award, June 16, 2020, through the date of this judgment, November 16, 2020, in the amount of $11,466.84. c. An award against Respondents Sri Prayal Wijegoonaratna and Ball Point Capital, LLC, jointly and severally, of post-judgment interest pursuant to 28 U.S.C. § 1961 accruing from the date of this judgment until such date as judgment in this matter has been satisfied in full. d. An award against Respondents Sri Prayal Wijegoonaratna and Ball Point Capital, LLC, jointly and severally, of the attorneys' fees of $12,000 and expenses of $1, 212.67 incurred in the bringing of this proceeding. 4. This Order and Final Judgment Recognizing and Confirming Arbitration Award shall become effective upon entry by the Court. IT IS SO ORDERED. Ball Pond Capital LLC and Sri Prayal Wijegoonaratna terminated. (Signed by Judge Sidney H. Stein on 11/17/2020) (Attachments: #(1) Appeal Package) (rjm)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Brian Newberry and Kameren Newberry,
individually and as Trustees of the Newberry
Family Trust,
Petitioners,
Case No. 20-CV-7005 (SHS)(JLC)
-against-
Sri Prayal Wijegoonaratna and Ball Pond Capital,
LLC,
Respondents.
ORDER AND FINAL JUDGMENT RECOGNIZING AND
CONFIRMING ARBITRATION AWARD
This matter comes before the Court pursuant to "Petition for Confirmation of Arbitration
Award Finding Breach of Contract, and Awarding Attorneys' Fees and Interest," dated August
28, 2020 ("Petition") of the Petitioners Brian Newberry and Kameren Newberry. In their
Petition, Petitioners requests that the Court confirm an award entered on June 16, 2020 against
respondents Sri Prayal Wijegoonaratna and Ball Pond Capital, LLC in a proceeding before the
American Arbitration Association, AAA Arbitration Case No. 01-19-0000-7799 (''the AAA
Arbitration Award").
Case 1:20-cv-07005-SHS Document 20 Filed 11/17/20 Page 2 of 22
The parties have stipulated (a copy of which is attached as Exhibit A) that there is no
genuine dispute as to any material fact and that Petitioners are entitled to judgment as a matter of
law for the entire AAA Arbitration Award.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. TI1e Court has subject-matter jurisdiction over this matter under 28 U.S.C.
§1332(a)(2), because diversity of citizenship is complete between Petitioners, residents of the
State of California, and Respondents, who reside or have an office in the State of New York, and
the amount in controversy exceeds $75,000, exclusive of interest and costs. The Court further
has subject-matter jurisdiction under 9 U.S.C. § 9, which grants original federal jurisdiction over
an action or proceeding to confirm an arbitration award entered in a proceeding in the United
States. See 9 U.S.C. § 9. Here, the parties agreed to the application of the AAA Commercial
Rules and specifically AAA Commercial Rule 52(c) which provides in relevant pat1 that
"[p]arties to an arbitration under these rules shall be deemed to have consented that judgment
upon the arbitration award may be entered in any federal or state court having jurisdiction
thereof.". The application to confirm an arbitration award "shall be made and heard in the
manner provided by law for the making and hearing of motions." 9 U.S.C. § 6.
2. TI1is Final Judgment fully incorporates herein and confirms as a judgment of this
Court the entire Arbitration Award entered by the AAA in the matter of Brian Newberry and
Kameren Newberry, individually and as Trustees of the Newberry Family Trust,
Claimants/Counterclaim-Respondents, vs. Sri Prayal Wijegoonaratna and Ball Pond Capital,
LLC, Respondents/Counterclaimants, AAA Arbitration Case No. 01-19-0000-7799 on June 16,
2020.
3. The Court confirms the AAA Award in full and enters as judgment of this Court in
favor of Petitioners Brian Newben-y and Kameren Newberry:
1
Case 1:20-cv-07005-SHS Document 20 Filed 11/17/20 Page 3 of 22
a.
An award of$926,158.65 against Respondent Ball Pond Capital, LLC, which
represents compensatory damages of$700,000 and reimbursement offees and costs of
$226,158.65 and ofthat amount, Respondent Sri Prayal Wijegoonaratna is jointly and severally
liable for the sum of$205,935.43 plus interest of$16.93 daily from the date ofthe award, June
2,530.22
16, 2020, through the date ofthis judgment, November 16, 2020, in the amount of$____
b.
An award ofprejudgment interest against Respondent Ball Pond Capital, LLC of
$74.46 daily accruing from the date ofthe award, June 16, 2020, through the date ofthis
judgment, November 16, 2020, in the amount of$11,466.84
____
c.
An award against Respondents Sri Prayal Wijegoonaratna and Ball Point Capital,
LLC, jointly and severally, ofpost-judgment interest pursuant to 28 U.S.C. § 1961 accruing from
the date ofthis judgment until such date as judgment in this matter has been satisfied in full.
d.
An award against Respondents Sri Prayal Wijegoonaratna and Ball Point Capital,
LLC, jointly and severally, ofthe attorneys' fees of$12,000 and expenses of$1,212.67 incutTed
in the bringing ofthis proceeding.
4.
This Order and Final Judgment Recognizing and Confim1ing Arbitration Award
shall become effective upon entry by the Court.
IT IS SO ORDERED
Dated: New York, New York
November 17, 2020
SIDNEY H. STEIN
UNITED STATES DISTRICT JUDGE
2
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EXHIBIT A1
..
Case 1:20-cv-07005-SHS Document 20 Filed 11/17/20 Page 5 of 22
....
UNITED STA TES DISTRICT COURT
SO THERN DISTRICT OF NEW YORK
Brian ewberry and Kameren ewberry,
individually and as Trustees of the ewberry
Family Trust,
Petitioners,
Case No. 20-CV-7005 ( HS)( JLC)
-againstSri Prayal Wijegoonaratna and Ball Pond Capital,
LL
Respondents.
WHERE
this matter has come before the Court pur uant to "Petition for Confinnation
of Arbitration Award Finding Breach of ontract and Awarding ttomeys' Fees and lntere t ',
dated August 28 2020 of the Petitioners.
WHERE
Petitioners Brian ewberry and Kameren
ewberry are seeking
confirmation of the Arbitrator's Final Award dated June 16, 2020 in The Matter of An
Arbitration Between Brian ewberry and Kameren ewberry, individually and as Trustees of
the ewberry Family Trust Claimants/ ounterclaim/Re pendent )(herein "Petitioners') and Sri
Prayal Wijegoonaratna and Ball Pond apital, LLC (Respondents/ ounterclaimant )(herein,
"Respondents ), American Arbitration
ociation Case o. 01-19-0000-7799 (the "Award").
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