Dawes v. J.P. Morgan Chase Bank, National Association ( 2024 )

1 2 3 4 5 6 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. 16 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 24 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