Mollison v. LVNV Funding, LLC
- Proceeding
- district
- Area
- civil
- Panel
- Marilyn L. Huff (author)
Analysis
Defendants moved to confirm an arbitration award that dismissed the plaintiff's claims and awarded defendants costs, and the plaintiff filed a notice of non-opposition. The court granted the motion, confirmed the award, and directed the entry of judgment in favor of the defendants.
| What the court decided | The model |
|---|---|
Defendants' motion to confirm the arbitration award is granted.“As a result, the Court grants Defendants’ motion and confirms the arbitration award.” | agree with court The court correctly applied 9 U.S.C. § 9, which mandates confirmation of an arbitration award unless it is vacated, modified, or corrected. The plaintiff filed a notice of non-opposition, meaning no grounds for vacatur were raised or argued. Therefore, the court had no discretion to deny the motion. |
Judgment is entered in favor of Defendants and LVNV Funding is awarded $1,424.69 plus interest.“Consistent with the arbitration award, the Court directs the Clerk to enter judgment in favor of Defendants and award LVNV Funding $1,424.69 plus interest at the rate of 10% if the sum is not paid within 30 days from the date the award becomes final.” | agree with court The court is required to enter judgment consistent with the confirmed arbitration award. The award explicitly ordered the plaintiff to pay this sum, and the plaintiff did not oppose the motion. |
The order itself: sound — The order is procedurally correct. It identifies the motion, notes the plaintiff's non-opposition, cites the mandatory confirmation statute (9 U.S.C. § 9), and directs the entry of judgment consistent with the award. There are no gaps in the reasoning because the plaintiff did not raise any defenses.
Opinion
1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT 13 SOUTHERN DISTRICT OF CALIFORNIA 14 15 DAVID MOLLISON, Case No.: 3:18-cv-01023-H-WVG 16 Plaintiff, ORDER GRANTING DEFENDANTS’ 17 v. MOTION TO CONFIRM THE ARBITRATION AWARD 18 LVNV FUNDING, LLC; and RESURGENT CAPITAL SERVICES LP, 19 [Doc. No. 30] Defendants. 20 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 1 On May 22, 2018, Plaintiff David Mollison (“Plaintiff”) filed a complaint against 2 Defendants LVNV Funding, LLC (“LVNV Funding”) and Resurgent Capital Services LP 3 (collectively, “Defendants”). (Doc. No. 1.) On December 14, 2018, the Court granted 4 Defendants’ motion to compel the arbitration of Plaintiff’s claims. (Doc. No. 20.) The 5 parties proceeded to arbitration and, on March 26, 2021, the arbitrator issued the following 6 award: 7 1. [Plaintiff] shall take nothing on its claim against Defendants. 2. [Plaintiff] shall pay to LVNV [Funding] the sum of $1,424.69 within 8 thirty (30) days of the Award becoming final. If not paid, it shall bear 9 interest at the rate of 10% until paid in full. 3. Each Party shall bear its own Attorneys’ fees and costs. 10 11 (Doc. No. 30-1, Ex. A at 4.) 12 On May 14, 2021, Defendants filed a motion requesting the Court to confirm the 13 arbitration award. (Doc. No. 30.) The Court, pursuant to its discretion under Local Rule 14 7.1(d)(1), determines that Defendants’ motion is fit for resolution without oral argument 15 and submits the motion on the parties’ papers. The Court therefore vacates the hearing on 16 the motion currently scheduled for June 14, 2021. The Court also vacates the status 17 conference in this case currently scheduled for June 7, 2021. 18 Specifically, Defendants move the Court to confirm the arbitration award, enter 19 judgment in favor of Defendants on all claims, and award LVNV Funding $1,424.69 plus 20 interest at the rate of 10% if the sum is not paid within 30 days from the date the award 21 becomes final. (Doc. No. 30 at 4.) On May 17, 2021, Plaintiff filed a notice of non- 22 opposition to Defendants’ motion. (Doc. No. 31.) As a result, the Court grants Defendants’ 23 motion and confirms the arbitration award. See 9 U.S.C. § 9 (stating court “must” confirm 24 arbitration award “unless the award is vacated, modified or corrected as prescribed by [9 25 U.S.C. §§ 10-11”); U.S. Life Ins. Co. v. Superior Nat. Ins. Co., 591 F.3d 1167, 1173 (9th 26 Cir. 2010) (“The burden of establishing grounds for vacating an arbitration award is on the 27 party seeking it.”). Consistent with the arbitration award, the Court directs the Clerk to 28 enter judgment in favor of Defendants and award LVNV Funding $1,424.69 plus interest 1 || at the rate of 10% if the sum is not paid within 30 days from the date the award becomes 2 ||final. The Court thereafter directs the Clerk to close the case. 3 IT IS SO ORDERED. 4 ||DATED: May 20, 2021 | | l | . MARILYN W. HUFF, Distric e 6 UNITED STATES DISTRICT COURT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28