Alex Lee, Inc. v. Performance Food Group, Inc.

Filing 31

ORDER denying as moot 27 Defendant's Motion For Appointment of Arbitrator; granting 28 Plaintiff's Motion to Appoint Arbitrator. Kevin Walker is the substitute arbitrator. Signed by Magistrate Judge David S. Cayer on 7/25/14. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL NO. 5:12CV188-RLV-DSC
ALEX LEE, INC.,

)
)
Petitioner, )
)
v.
)
)
PERFORMANCE FOOD
)
GROUP, INC,
)
)
Respondent. )
______________________________)

ORDER

THIS MATTER is before the Court on Respondent’s “Application for Appointment of
Arbitrator” (document #27), Petitioner’s “Motion for Appointment of an Arbitrator …”
(document #28) and “Memorandum … in Support …” (document #29), and the parties’ “Joint
Notice … of Intention to Forego Responses and Replies …” (document #30).
This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.
§ 636(b)(1)(B), and the Motions are ripe for the Court’s consideration.
On April 1, 2013, the undersigned granted Petitioner’s “Petition to Enforce Arbitration
Agreement” (document #1) and “Motion to Compel Arbitration of Counterclaims …” (document
#16) and ordered the parties to submit their dispute to binding arbitration pursuant to the
provisions of their Agreement. See “Memorandum and Order” (document #20). On July 10,
2013, the Honorable Richard L. Voorhees affirmed that Order. See Document #25.
The parties’ arbitration agreement specified that the arbitrator would be Grant Thornton,
LLP (“Grant Thornton”). When Grant Thornton was notified, it responded that it had a potential
conflict of interest.

Grant Thornton provided no further details, stating that “professional
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standards restrict [their] ability to share information about the situation with [the parties].” On
October, 24, 2013, Grant Thornton informed the parties that due to “facts and circumstances
outside of [their] control” a conflict “will preclude [their] involvement as a neutral in this
matter.”
The parties have been unable to agree on a substitute arbitrator.

They have agreed to

file concurrent cross motions for appointment of an arbitrator and to expedite briefing. Those
Motions are now ripe for determination.
The Court has fully considered the arguments, the record, and the applicable authority.
For the reasons stated in its brief, the Court will, in its discretion, grant Petitioner’s “Motion for
Appointment of an Arbitrator …” (document #28) and appoint Kevin Walker of GreerWalker as
substitute arbitrator.

ORDER
IT IS HEREBY ORDERED that:
1.

Petitioner’s “Motion for Appointment of an Arbitrator …” (document #28) is

GRANTED, that is, Kevin Walker of GreerWalker is APPOINTED as substitute arbitrator.
2.

Respondent’s “Application for Appointment of Arbitrator” (document #27) is

DENIED AS MOOT.
3. The Clerk is directed to send copies of this Order to counsel for the parties; and to the
Honorable Richard L. Voorhees.
SO ORDERED.
Signed: July 25, 2014

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