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Moore v. NCL (Bahamas) Ltd., 2:18-cv-10090-JFW(SKx). (2019)

Court: District Court, C.D. California Number: infdco20190306b11 Visitors: 8
Filed: Mar. 05, 2019
Latest Update: Mar. 05, 2019
Summary: JUDGMENT JOHN F. WALTER , District Judge . On February 27, 2019, the Court, having considered the arguments in the moving, opposing, and reply papers, issued Orders DENYING the Motion to Vacate Arbitration Award [Docket No. 46] filed by plaintiff Ramon Moore ("Plaintiff") and GRANTING the unopposed Amended Motion to Confirm Arbitration Award [Docket No. 50] filed by defendant NCL (Bahamas), Ltd. ("NCL). [Docket 58.] In denying plaintiff's Motion to Vacate, the Court concluded that plai
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JUDGMENT

On February 27, 2019, the Court, having considered the arguments in the moving, opposing, and reply papers, issued Orders DENYING the Motion to Vacate Arbitration Award [Docket No. 46] filed by plaintiff Ramon Moore ("Plaintiff") and GRANTING the unopposed Amended Motion to Confirm Arbitration Award [Docket No. 50] filed by defendant NCL (Bahamas), Ltd. ("NCL). [Docket 58.]

In denying plaintiff's Motion to Vacate, the Court concluded that plaintiff failed to meet his burden of demonstrating that there was "evident partiality" on the part of the Arbitrator pursuant to 9 U.S.C. § 10(a)(2). Specifically, the Court concluded "that: (1) the Arbitrator made appropriate disclosures before plaintiff agreed to his selection as arbitrator; and (2) in any event, plaintiff waived his right to seek vacatur on the basis of evident partiality." [Docket 58 at 4.] Having found no grounds to vacate the Arbitration Award, the Court entered an Order granting NCL's Amended Motion to Confirm Arbitration Award.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

Judgment is hereby entered, consistent with the Final Award for Arbitration ("Final Award") rendered by Arbitrator Peter Abraham on November 2, 2018 [Docket 50-9 (Exhibit G)], as follows:

A. Plaintiff's claim for damages is denied.

B. NCL's counterclaim for damages is denied.

C. Plaintiff and NCL shall bear their own attorney's fees and costs incurred.

D. The administrative fees of the ICDR totaling US $7,720.00 shall be borne by NCL as incurred, and the compensation of the Arbitrator totaling US $24,665.59 shall be borne by the NCL as incurred.

E. The Final Award is in full settlement of all claims submitted. All claims not specifically ruled on in the Final Award are denied.

Source:  Leagle

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