THEODORE D. CHUANG, District Judge.
On June 21, 2016, Choice Hotels International, Inc. ("Choice Hotels") filed an Application to Confirm Arbitration Award against Raj, Inc. and Nutan Bhakta (collectively, "Defendants").
Defendants were served with the Application on July 29, 2016. On September 8, 2016, Choice Hotels filed a Motion for Clerk's Entry of Default and a Motion for Judgment by Default against Defendants. The Clerk entered a default against Defendants on September 28, 2016.
Although Defendants were served with the Motion for Judgment by Default, to date, they have not responded to it, or to any other filing in this case. The Motion is now ripe for disposition, and the Court finds that no hearing is necessary. See D. Md. Local R. 105.6. For the reasons set forth below, the Motion is GRANTED.
In the Motion for Judgment by Default, Choice Hotels asserts that Defendants have failed to file a timely responsive pleading to its Application. Thus, Choice Hotels argues that it is entitled to default judgment against Defendants in the amount of the arbitration award and costs.
Under Federal Rule of Civil Procedure 55(b)(2), a default judgment after an entry of default is left to the discretion of the court. S.E.C v. Lawbaugh, 359 F.Supp.2d 418, 421 (D. Md. 2005). Although the United States Court of Appeals for the Fourth Circuit recognizes a "strong policy that cases be decided on their merits," United States v. Shaffer Equip. Co., 11 F.3d 450, 453 (4th Cir. 1993), a default judgment may be appropriate when a party is unresponsive, Lawbaugh, 359 F. Supp. 2d at 422-23 (citing Jackson v. Beech, 636 F.2d 831, 836 (D.C. Cir. 1980)). When default judgment is sought with respect to an application for confirmation of an arbitration award, the plaintiff must show that it is entitled to confirmation of the arbitration award as a matter of law. See D.H Blair & Co. v. Gottdiener, 462 F.3d 95, 109-10 (2d Cir. 2006).
The Court is satisfied that it has diversity jurisdiction over this case pursuant to 28 U.S.C. § 1332. Choice Hotels is a Delaware corporation with its headquarters located in Rockville, Maryland. In the Motion for Judgment by Default, Choice Hotels asserts that Raj, Inc. is a Kansas corporation with its principal place of business in Kansas and that Bhakta is a citizen of Kansas
The Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16 (2012), provides in part that:
Id. § 9. Here, the Franchise Agreement contains an arbitration clause that states that "any controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, . . . will be sent to final and binding arbitration," and that "[j]udgment on the arbitration award may be entered in any court having jurisdiction." Franchise Agreement, ¶ 22, Appl. Ex. 2, ECF No. 1-3. Choice Hotels filed its Application to Confirm Arbitration Award within one year of the arbitrator's decision. The award was rendered in the State of Maryland. The Court is therefore satisfied that the requirements of the FAA are met, such that it may review the arbitration award.
Judicial review of an arbitration award is "severely circumscribed," and, in fact, is "among the narrowest known at law because to allow full scrutiny of such awards would frustrate the purpose of having arbitration at all-the quick resolution of disputes and the avoidance of the expense and delay associated with litigation." Apex Plumbing Supply, Inc. v. U.S. Supply Co., Inc., 142 F.3d 188, 193 (4th Cir. 1998) (footnote omitted). Thus, where there is a valid contract between the parties providing for arbitration, and the arbitration resolved a dispute within the scope of the arbitration clause, federal courts may vacate an arbitration award only upon a showing of one of the grounds set forth in the FAA, or if the arbitrator acted in manifest disregard of law. Id. Section 10 of the FAA limits review to the following grounds: (1) "the award was procured by corruption fraud or undue means"; (2) "there was evident partiality or misconduct'" on the part of the arbitrator; (3) "the arbitrators were guilty of misconduct" by which "the rights of any party have been prejudiced"; of (4) "the arbitrators exceeded their powers:" 9 U.S.C. § 10(a). A misinterpretation of a contract, or of law, does not suffice to overturn an award. See Upshur Coals Corp. v. United Mine Workers of Am., Dist. 31, 933 F.2d 225, 229 (4th Cir. 1991). Where an arbitration award is challenged, the party opposing the award bears the burden of proving the existence of grounds for vacating the award. Three S Del., Inc. v. DataQuick Info. Sys., Inc., 492 F.3d 520, 527 (4th Cir. 2007).
Here, Choice Hotels alleges, and the arbitrator awarded damages for, a breach of the parties' Franchise Agreement, specifically, a failure to pay franchise fees. As noted above, the Franchise Agreement provides that a claim for breach of the agreement is subject to arbitration, so the claims resolved by arbitration were within the scope of the parties' agreement. Although Defendants were served in this case and received notice of the Motion, they have failed to file an Answer to Choice Hotels's Application or otherwise make a showing of any grounds for vacating the arbitration award. Nor is there anything in the record to suggest that any of the limited grounds for setting aside an arbitration award are present in this case. See 9 U.S.C. § 10(a). Accordingly, the Court will grant the Motion for Judgment by Default to the extent it seeks confirmation of the arbitrator's award of $132,198.13. Choice Hotels also asks to be awarded $400.00 in costs, presumably the filing fee for this action, which the Court will grant. See Fed. R. Civ. P. 54(d)(1).
To the extent that Choice Hotels also requests post-judgment interest for the time period following this Court's grant of default judgment, Choice Hotels is entitled by statute to such post-judgment interest as calculated under federal law, so the Court need not specifically award it. See 28 U.S.C. § 1961(a) ("Interest shall be allowed on any monetary judgment in a civil case recovered in a district court.").
For the foregoing reasons, Choice Hotels's Motion for Judgment by Default, ECF No. 10, is GRANTED. The Court therefore confirms the arbitration award, enters judgment in favor of Choice Hotels and against Raj, Inc. and Nutan Bhakta in the amount of $132,198.13, which shall accrue post-judgment interest as specified by statute, and awards $400.00 in costs. A separate Order shall issue.