Dawes v. J.P. Morgan Chase Bank, National Association

[7] 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA [10] 11 KENNETH DAWES, Case No.: 3:22-cv-00198-BEN-KSC 12 Plaintiff, ORDER GRANTING MOTION TO 13 v. CONFIRM ARBITRATION AWARD 14 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 15 [ECF No. 15] Defendant. [17] On February 11, 2022, Plaintiff Kenneth Dawes (“Plaintiff”) filed a Complaint [18] against JP Morgan Chase Bank, N.A. (“Chase Bank”) alleging four claims for relief. [19] ECF No. 1. On May 1, 2022, Plaintiff and Chase Bank filed a joint stipulation to [20] arbitrate Plaintiff’s claims and stay the case. ECF No. 13. On May 24, 2022, the Court [21] granted this stipulation. ECF No. 14. On June 29, 2023, a Final Arbitration Award was [22] issued by arbitrator Ana Sambold. See ECF No. 15-4, (“Final Award”). The Final [23] Award resolved all claims between Plaintiff and Chase Bank. Id. [24] Before the Court is Defendant Chase Bank’s motion to confirm the final arbitration [25] award. ECF No. 15. Plaintiff did not oppose the motion. This motion was submitted on [26] the papers without oral argument pursuant to Civil Local Rule 7.1(d)(1) and Rule 78(b) [27] of the Federal Rules of Civil Procedure. See ECF No. 16. [28] Pursuant to the Federal Arbitration Act (“FAA”), a court has jurisdiction to 2 enforce, confirm, or modify an arbitration award where the claim was already pending in 3 || federal court of competent jurisdiction. 9 U.S.C. § 1 , et seq; see also PMS Distrib. Co., 4 || Inc. v. Huber & Shuner, A.G., 863 F.2d 639, 642 (9th Cir. 1988). The FAA states, “any 5 || part to the arbitration may apply to the court so specified for an order confirming the 6 award, and thereupon the court must grant such an order unless the award 1s vacated, 7 ||modified, or corrected...” 9 U.S.C. § 9 . There are only limited grounds under which an 8 || arbitration award may be vacated. 9 U.S.C. § 10 (a). Chase Bank asserts none of the 9 || grounds for vacating the arbitration award are present in this case. ECF No. 15-1 at 5. 10 || Additionally, Plaintiff did not oppose Chase Bank’s motion.! Having reviewed the Final 11 || Award and the motion submitted, the Court GRANTS Chase Bank’s motion to confirm 12 || the arbitration award and ORDERS as follows: 13 1. The Clerk shall enter Judgment in favor of Defendant Chase Bank against 14 || Plaintiff Kenneth Dawes as to all claims; 15 2. The Final Arbitration Award, dated June 29, 2023, in the arbitration entitled 16 || Kenneth Dawes v. JPMorgan Chase Bank, National Association, before the American 17 || Arbitration Association, Case No. 01-22-0002-2091 is CONFIRMED; 18 3. Plaintiff's claims are dismissed in their entirety with prejudice; and 19 4. Pursuant to the Final Award, Chase Bank and Plaintiff are responsible for their 20 || respective attorneys’ fees. 21 IT IS SO ORDERED. ° 22 Dated: May 17, 2024 23 -. ROGER T. BENIT United States District Judge [25] ©) 27 ||! Under Civil Local Rule 7.1(f)(3)(c), “[i]f an opposing party fails to file the papers...that 28 value may constitute a consent to the granting of a motion or other request for ruling by