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King v. Sullivan

United States District Court, E.D. Arkansas

July 1, 2016

JOHN WILLIAM KING Petitioners,
v.
JOYCE JENKINS SULLIVAN Respondent.

          FINAL JUDGMENT CONFIRMING ARBITRATION AWARD

          HONORABLE J. LEON HOLMES UNITED STATES DISTRICT JUDGE.

         This 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:

         ORDER and ADJUDGE as follows:

         1. The Application and the Motion are APPROVED and GRANTED in all respects.

         2. This Court has jurisdiction over this matter pursuant to 9 U.S.C. § 9.

         3. 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.

         4. A Clerk's Default was entered against Sullivan on January 4, 2017. (Doc. 7)

         5. 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).

         6. With 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).

         7. The arbitration award dated June 30, 2016, attached hereto as Exhibit "A", is hereby confirmed, and final judgment is entered in accordance therewith.

         8. The 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.

         9. Each party shall bear their own attorney's fees and costs.

         DONE AND ORDERED.

         Hearing Site: Little Rock, Arkansas

         Award FINRA Dispute Resolution

         In the Matter of the Arbitration Between:

         Claimant Joyce Jenkins Sullivan

         v.

         Respondents John William King The King Poljak Group.

         Case Number: 14-01111

         Hearing Site: Little Rock, Arkansas

         Nature of the Dispute: Customer vs. Associated Person and Non-Member

         REPRESENTATION OF PARTIES

         For Claimant Joyce Jenkins Sullivan: Pamela R. Jones, Esq., Downer & ...


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