Affordable Care, LLC v. Bench et al

Filing 15

ORDER granting 11 MOTION Confirm Arbitration Award regarding 1 Complaint, to Confirm Interim Arbitration Award. Signed by District Judge Louise Wood Flanagan on 2/5/2024. (Collins, S)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:23-cv-00469-FL
AFFORDABLE CARE, LLC,
Plaintiff,
v.
STEPHEN BENCH, DDS and
AFFORDABLE DENTURES & IMPLANTS
– BURLINGTON, VT, P.C.,

ORDER

Defendants.

Before the Court is the Motion to Confirm Arbitration Award [DE 11] filed by Plaintiff
Affordable Care, LLC (“Plaintiff”). Plaintiff requests the Court confirm the arbitration award that
was entered against Defendants Stephen Bench, DDS and Affordable Dentures & Implants –
Burlington, VT, P.C. (collectively “Defendants”),, a copy of which Plaintiff included in its
complaint [DE 1-1]. The lengthy arbitration decision issued by Arbitrator Denise Cline Smith
awarded Plaintiff $925,792.54 in damages, as well as $200,000 in punitive damages. This Court
has jurisdiction over this matter and Plaintiff’s motion under 9 U.S.C. § 9.
The court has considered Plaintiff’s motion, along with its supporting memorandum in full.
Defendants have been served, but they elected not to oppose the motion. For good cause shown,
the Court hereby GRANTS the Motion and the arbitration award is CONFIRMED. Defendants
are ORDERED to pay Plaintiff a total of One Million One Hundred Twenty Thousand, Seven
Hundred Ninety Two Dollars And Fifty Four Cents ($1,125,792.54). This damage award is
comprised of $925,792.54 in compensatory damages and $200,000 in punitive damages. The clerk
is directed to enter Final Judgment in this case in favor of Plaintiff consistent with the terms of this
Order.

The Arbitrator is still considering an attorney fee award and this Court retains jurisdiction
to review, vacate and confirm any further orders issued by Arbitrator Denise Cline Smith
between the Parties.
Signed this 5th day of February, 2024.

__________________________________
LOUISE W. FLANAGAN
United States District Judge

2

CERTIFICATE OF SERVICE
I certify that I caused the foregoing Proposed Order to be filed using the Court’s CM/ECF
system, which will serve a copy upon all counsel of record. I further certify that I caused a copy
of the foregoing Proposed Order to be served on the following individuals via U.S. Mail, First
Class
Stephen Bench, DDS
426 Place Road West
Hinesburg, VT 05461
Affordable Dentures & Implants – Burlington, VT, P.C.
1162 Williston Road
South Burlington, VT 05403
This the 31st day of January, 2024
/s/ Benjamin L. Williams
Benjamin L. Williams
Attorney for Affordable Care

3

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:23-cv-00469-FL
AFFORDABLE CARE, LLC,
Plaintiff,
v.
STEPHEN BENCH, DDS and
AFFORDABLE DENTURES & IMPLANTS
– BURLINGTON, VT, P.C.,

[PROPOSED] ORDER

Defendants.

Before the Court is the Motion to Confirm Arbitration Award [DE 11] filed by Plaintiff
Affordable Care, LLC (“Plaintiff”). Plaintiff requests the Court confirm the arbitration award that
was entered against Defendants Stephen Bench, DDS and Affordable Dentures & Implants –
Burlington, VT, P.C. (collectively “Defendants”),, a copy of which Plaintiff included in its
complaint [DE 1-1]. The lengthy arbitration decision issued by Arbitrator Denise Cline Smith
awarded Plaintiff $925,792.54 in damages, as well as $200,000 in punitive damages. This Court
has jurisdiction over this matter and Plaintiff’s motion under 9 U.S.C. § 9.
The court has considered Plaintiff’s motion, along with its supporting memorandum in full.
Defendants have been served, but they elected not to oppose the motion. For good cause shown,
the Court hereby GRANTS the Motion and the arbitration award is CONFIRMED. Defendants
are ORDERED to pay Plaintiff a total of One Million One Hundred Twenty Thousand, Seven
Hundred Ninety Two Dollars And Fifty Four Cents ($1,125,792.54). This damage award is
comprised of $925,792.54 in compensatory damages and $200,000 in punitive damages. The clerk
is directed to enter Final Judgment in this case in favor of Plaintiff consistent with the terms of this
Order.

The Arbitrator is still considering an attorney fee award and this Court retains jurisdiction
to review, vacate and confirm any further orders issued by Arbitrator Denise Cline Smith between
the Parties.

________________________
U.S. District Court Judge

2

CERTIFICATE OF SERVICE
I certify that I caused the foregoing Proposed Order to be filed using the Court’s CM/ECF
system, which will serve a copy upon all counsel of record. I further certify that I caused a copy
of the foregoing Proposed Order to be served on the following individuals via U.S. Mail, First
Class
Stephen Bench, DDS
426 Place Road West
Hinesburg, VT 05461
Affordable Dentures & Implants – Burlington, VT, P.C.
1162 Williston Road
South Burlington, VT 05403
This the 31st day of January, 2024
/s/ Benjamin L. Williams
Benjamin L. Williams
Attorney for Affordable Care

3