Simon v. Maple Beach Ventures LLC
- Phyllis Hamilton
- 4:21-cv-01005
- U.S. District Court · Northern District of California
- 6
In Simon v. Maple Beach Ventures LLC, Judge Hamilton confirmed the arbitration award, denied fees without prejudice, granted an extension, and granted sealing requests.
Marcy Simon and Maple Beach Ventures LLC were affected by confirmation of the arbitration award and entry of judgment. Simon’s fee request was denied without prejudice, while specified documents were sealed.
What happened
In Simon v. Maple Beach Ventures LLC, Marcy Simon and Maple Beach Ventures, LLC, entered a consulting agreement in 2014 and later submitted a dispute to arbitration. After the arbitrator issued a corrected final award, Simon asked the court to confirm it and enter judgment.
The court said the petition was timely, the defendants did not oppose confirmation, and there were no grounds to overturn or change the award. It therefore confirmed the arbitration award and entered judgment based on it.
Judge Phyllis J. Hamilton denied Simon’s request for attorneys’ fees without prejudice because she had not filed the required separate motion. The court granted Maple Beach Ventures’ request for more time, granted the requested sealing motions as specified, and granted the petition to confirm the award.
The detailed version
- Simon v. Maple Beach Ventures LLC · No. 4:21-cv-01005
- Phyllis Hamilton
- Mar. 12, 2021
Background
Marcy Simon and Maple Beach Ventures, LLC, entered into a consulting agreement in 2014. A dispute later arose, and the parties submitted it to arbitration through JAMS under the agreement. On January 13, 2021, the arbitrator issued a corrected final award. Simon filed a petition on January 19, 2021, asking the court to confirm the award and enter judgment.
The opinion identifies Maple Beach Ventures, LLC as the entity that originally contracted with Simon. It also states that the entity shares its managing director with Maple Beach Ventures One, LLC, identified as entities organized in Wyoming and Delaware. The opinion does not describe the terms of the arbitration award.
Confirmation of the Arbitration Award
The court applied Section 9 of the Federal Arbitration Act, which generally requires a court to confirm an arbitration award when the parties agreed that a judgment could be entered on the award, unless the award is legally vacated, modified, or corrected. The court explained that its review authority is extremely limited.
The court found that Simon filed the petition within days after the award was served, making it timely. Because the defendants did not oppose confirmation, the court found no grounds to vacate, modify, or correct the Final Award. It also found that the Northern District of California was an appropriate venue because the arbitration took place in San Francisco. The court granted the petition to confirm and enter judgment on the Final Award.
Attorneys’ Fees and Costs
Simon requested attorneys’ fees and costs but did not file a separate fee motion or comply with the applicable local-rule requirements. The court therefore denied the request for attorneys’ fees without prejudice, allowing Simon to renew it through a procedurally proper motion.
Sealing Motions and Extension
The court granted Simon’s administrative motion to seal specified redacted portions of the petition, a supporting declaration, and exhibits. The court relied on a narrower and more specific list of redactions than Simon originally requested and found good cause to seal the identified material.
The court also granted Maple Beach Ventures’ motion for an extension of time to respond to the sealing motion. It granted Maple Beach Ventures’ separate administrative motion to seal documents containing private medical information.
Disposition
The petition to confirm the arbitration award and enter judgment was granted. Simon’s request for attorneys’ fees and costs was denied without prejudice. Maple Beach Ventures’ motion for an extension of time was granted, and each administrative motion to seal was granted as specified in the order.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.