United States District Court, E.D. Arkansas
FINAL JUDGMENT CONFIRMING ARBITRATION AWARD
HONORABLE J. LEON HOLMES UNITED STATES DISTRICT
matter came before the Court upon the Application to Confirm
Arbitration Award (the "Application") (Doc. 1)
filed herein on September 29, 2016, and the Motion for Entry
of Final Default Judgment Confirming Arbitration Award (the
"Motion") (Doc. 8) filed herein on January 5, 2017.
The Court, having reviewed the Application, the Motion, and
being otherwise duly advised in the premises does hereby:
and ADJUDGE as follows:
Application and the Motion are APPROVED and GRANTED in all
Court has jurisdiction over this matter pursuant to 9 U.S.C.
Respondent, Joyce Jenkins Sullivan ("Sullivan"),
was duly served with process on December 9, 2016. Her
deadline to file a response herein was December 31, 2016.
Sullivan has neither responded to the action, nor requested
an extension of time to respond.
Clerk's Default was entered against Sullivan on January
4, 2017. (Doc. 7)
Having filed no response in the action, Sullivan has admitted
all well-pled allegations against her. Taylor v. City of
Ballwin, Mo., 859 F.2d 1330, 1333, n. 7 (8th Cir. 1988).
As a matter of law, Petitioner, John William King, is
entitled to a final default judgment against Sullivan
pursuant to Federal Rule of Civil Procedure 55(b).
respect to applications to confirm arbitration awards, 9
U.S.C. § 9 provides in pertinent part:
If the parties in their agreement have agreed that a judgment
of the court shall be entered upon the award made pursuant to
the arbitration, and shall specify the court, then at any
time within one year after the award is made any party to the
arbitration may apply to the court so specified for an order
confirming the award, and thereupon the court must grant
such an order unless the award is vacated, modified, or
corrected as prescribed in sections 10 and 11 of this
title. If no court is specified in the agreement of the
parties, then such application may be made to the United
States court in and for the district within which such award
was made. Notice of the application shall be served upon the
adverse party, and thereupon the court shall have
jurisdiction of such party as though he had appeared
generally in the proceeding. If the adverse party is a
resident of the district within which the award was made,
such service shall be made upon the adverse party or his
attorney as prescribed by law for service of notice of motion
in an action in the same court. If the adverse party shall be
a nonresident, then the notice of the application shall be
served by the marshal of any district within which the
adverse party may be found in like manner as other process of
the court. (Emphasis added).
arbitration award dated June 30, 2016, attached hereto as
Exhibit "A", is hereby confirmed, and
final judgment is entered in accordance therewith.
arbitration claims filed by Joyce Jenkins Sullivan shall be
expunged from all public and non-public records for John
William King maintained by the Central Records Depository
and/or any securities industry self-regulatory organization,
including the Financial Industry Regulatory Authority.
party shall bear their own attorney's fees and costs.
Site: Little Rock, Arkansas
FINRA Dispute Resolution
Matter of the Arbitration Between:
Joyce Jenkins Sullivan
John William King The King Poljak Group.
Site: Little Rock, Arkansas
of the Dispute: Customer vs. Associated Person and Non-Member
Claimant Joyce Jenkins Sullivan: Pamela R. Jones, Esq.,
Downer & ...