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Merrill Lynch, Pierce, Fenner & Smith Incorporated v. Richard Dorman

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


December 23, 2011

MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, PLAINTIFF,
v.
RICHARD DORMAN, JR., DEFENDANT.

The opinion of the court was delivered by: Judge Cathy Bissoon

ORDER

Plaintiff's Motion for Default Judgment (Doc. 7), which the Court construes as an unopposed Motion for Summary Judgment,*fn1 will be granted, and judgment will be entered in favor of Plaintiff and against Defendant in the amount of $89,624.51.

The Court has jurisdiction over this case based on diversity of citizenship. See Compl. (Doc. 1) at ¶ 4. Consistent with the allegations in the Complaint, Defendant submitted to arbitration through a signed agreement. See Doc. 1-2. The agreement stated that the parties voluntarily consented to "the jurisdiction of any court of competent jurisdiction which may properly enter . . . judgment" on the arbitration award. Id.

An arbitration award was entered on November 12, 2010, in favor of Plaintiff and against Defendant, in the amount of $89,624.51. See Doc. 1-3 at pg. 4 of 6. There is no indication: that the arbitration award was procured by corruption, fraud, or undue means; that there was evident partiality or corruption in the arbitrators; that the arbitrators were guilty of misconduct; or that there was any other misbehavior by which the rights of any party have been prejudiced. See generally Choice Hotels Int'l., Inc. v. Savannah Shakti Corp., 2011 WL 5118328, *3-4 (D. Md. Oct. 25, 2011) (citing standards of review applicable under Federal Arbitration Act). For all of these reasons, Plaintiff's unopposed Motion for Summary Judgment (Doc. 7) is GRANTED, and judgment will be entered in favor of Plaintiff in the amount of $89,624.51.*fn2

IT IS SO ORDERED.

Cathy Bissoon United States District Judge

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