Zean v. Comcast Broadband Security

Background

The case concerned an arbitration award issued on June 6, 2019. Plaintiff Samuel Gaygbou Zean filed motions asking the court to vacate, or set aside, that award. United States Magistrate Judge Katherine M. Menendez issued a September 20, 2019 Report and Recommendation recommending that the motions be denied. The recommendation also advised affirming the arbitration award and dismissing the case.

Objections and standard of review

Zean filed timely objections, but he did not identify a specific objection to any part of the Report and Recommendation. He generally asserted that he was finished pointing to the facts and evidence and that he was the winner. Because he made no specific objection, the district court reviewed the recommendation for clear error. Under that standard, the court asks whether the record leaves it with a definite and firm conviction that a mistake was made.

Ruling

The court carefully reviewed the Report and Recommendation and found no clear error in its conclusion that Zean had not presented a valid basis for vacating the arbitration award. The court overruled Zean’s objections, adopted the Report and Recommendation as modified, and denied Zean’s motions to vacate the arbitration award.

The court declined to adopt the recommendation to affirm the arbitration award and dismiss the action. It explained that no party had formally moved for either relief. The court noted that Comcast Broadband Security, LLC had requested dismissal in a status-report letter, but had not filed a formal motion seeking dismissal or provided legal authority for it.