Certain Underwriters at LLoyds, London v. Dryades YMCA

Background

Certain Underwriters at Lloyds, London and other petitioners brought this action under Section 5 of the Federal Arbitration Act. They asked the court to appoint an umpire for an upcoming arbitration arising from an insurance coverage dispute with Dryades YMCA.

On November 21, 2024, Magistrate Judge Gary Stein issued a Report and Recommendation advising that the motion be granted and that Frank Maas be appointed as umpire.

Review of the Recommendation

The Report and Recommendation gave the parties fourteen days to object and warned that failing to object on time would waive the right to object. No objections were filed, and the deadline passed. The court stated that the parties therefore waived their right to object to the recommendation or obtain appellate review.

Despite that waiver, Judge Cronan independently reviewed the Report and Recommendation. He found it well reasoned and its conclusions well founded, and adopted it in its entirety.

Ruling

The court granted the petitioners' motion and appointed Frank Maas as umpire for the parties' upcoming arbitration. The Clerk of Court was directed to close the motion at Docket Number 3.

Because appointment of an umpire was the only relief sought, Judge Cronan also directed the Clerk to close the case without prejudice to either party reopening it within thirty days if Frank Maas was unable or unwilling to serve. The order stated that an application to reopen filed after thirty days may be denied on that basis alone. The court did not decide the underlying insurance coverage dispute.