HELENE R. ROBINSON, Plаintiff, v. PNC BANK and LINDEN VOLKSWAGEN, Defendants.
Civil Action No. 13-07818 (SRC)
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
May 31, 2017
CHESLER, District Judge
NOT FOR PUBLICATION
OPINION
CHESLER, District Judge
This matter comes before the Court upon Defendant PNC Bank’s (“PNC”) motion to reopen the case, confirm the arbitration award, and enter judgment pursuant to the Federal Arbitration Act (“FAA”) [Docket Entry 39 and 40]. Pro se Plaintiff Helene Robinson (“Plaintiff”) does not oppose the motion. The Court has considered the parties’ submissions and proceeds to rule without oral argument, pursuant to
I. BACKGROUND
This lawsuit, filed by pro se Plaintiff Robinson, complains оf allegedly fraudulent lending practices in connection with her purchase of a vehicle from Defendant Linden Volkswagen (“Linden Volkswagen”). Plaintiff claims that the Linden Volkswagen agent who sold her a car failed to include financial details in the sales contract. (P. Mоt. at III-IV). She also claims that the sales contract was not binding because, although she signed the contract, no representative of the car dealer signed the contract. (P. Mot. at IV). Thus, in December 2013,
On April 30, 2014, this Court granted Linden Volkswagen’s motion to dismiss the Complaint against it and compel arbitration [Docket Entry 17 and 18]. This Court found that the governing sales contract contained a broad arbitration provision, which stated that: “The parties to this аgreement agree to arbitrate any claim, dispute, or controversy, including all statutory claims and any state or federal claims, that may arise out of or relating to [sic] the sale or lease identified in the agreement” [Docket Entry 17]. Thus, the Court selected the Honоrable Richard C. Camp to arbitrate the dispute. PNC then tendered its defense to Linden Volkswagen, which agreed to represent PNC’s interest in arbitration. (PNC’s Opp’n Br. to Pl.’s Mot. at 6). On June 17, 2014, the Court approved a stipulation that Plaintiff would dismiss her claims against PNC and arbitrate her disputes with PNC in the sаme arbitration as the one involving Linden Volkswagen [Docket Entry 29].
After stipulating to arbitration with PNC, however, Plaintiff complained by letter to Judge Camp. (Case No. 14-5676, Compl.). She claimed that there was a conflict because Linden was representing PNC’s interest at arbitration and сlaimed that there was collusion between Judge Camp and Linden’s counsel. (Case No. 14-5676, Compl.). Judge Camp disagreed and scheduled arbitration. (PNC’s Opp’n Br. to Pl.’s Mot. at 6). Plaintiff failed to appear. (PNC’s Opp’n Br. to Pl.’s Mot. at 6).
Soon after, Plaintiff filed a second action in federаl court, making the same two claims she made in her letter; Plaintiff claimed that there was an irreconcilable conflict of interest since PNC tendered its arbitration defense to Linden Volkswagen and that there was an improper and
Although she receivеd notice of the subsequent arbitration proceedings by mail and email, Plaintiff failed to appear. (Verbonitz Cert. Tab 2). On March 10, 2016, Judge Camp entered an arbitration award in PNC’s favor and against Plaintiff in the amount of $30,869.30, plus continuing accrued interest at a per diem rate оf $3.55 from March 3, 2016. (Verbnoitz Cert. Tab 2). The arbitration award did not prohibit, alter, or amend PNC’s right to repossess the vehicle at issue. (Verbonitz Cert. Tab 2).
Defendant PNC now moves to confirm the arbitration award. Plaintiff has not opposed the motion or moved to vacate the award. Rather, Plaintiff responded by moving for the Chief Judge to review judicial misconduct and to take jurisdiction of the case [Docket Entry 42 and 43]. On April 18, 2017, Chief Judge Simandle denied Plaintiff’s motions to the extent they sought review by or reassignment to Chief Judge Simandle [Docket Entry 45]. Chief Judge
II. ANALYSIS
Defendant PNC moves to confirm the arbitration award and enter judgment under the FAA. The FAA provides that a district court must grant a motion to confirm an arbitration award if four conditions are met.
Here, all four of the conditions of
Plaintiff first challenges the arbitration award by arguing that the sales contract was not binding and thus this Court should not have sent the case to arbitration to begin with. The issue of contract validity is a factual determination for the arbitrator to decide, Buckeye Check Cashing, Inc v. Cardegna, 546 U.S. 440, 445-446 (2006), and it does not fall into one of the categories that a court can consider in determining whether to vacate an arbitration award. Because this Court does not review the arbitrator’s factual findings and interpretations of the law absent a manifest disregard for the law, it does not review the arbitrator’s decision that the contract was valid. Moreover, this Court has already found that the contract was valid under
Next, Plaintiff argues that Judge Camp was biased. A party challenging an arbitrator’s partiality must show that “a reasonable person would have to conclude that the arbitrator was partial to the other party to the arbitration” and the evidence must bе “powerfully suggestive of bias.” Andorra Servs. Inc., 355 F. App‘x at 626 (internal quotations omitted). Additionally, to vacate an award on this basis, any procedural error must create “fundamental unfairness.” Id. “[I]t must be not simply an error of law, but one which so affects the rights of a party that it may be said that he was deprived of a fair hearing.” Whitehead, 811 F.3d at 120 (internal quotation omitted).
Here, Plaintiff’s accusations of bias are mere allegations with no support from the record. Plaintiff alleges “Judge Chesler, PNC Attorney Susan Verbonitz, Linden Volkswagen’s Attorney Thomas Russomano and Judge Camp colluded to deny Plaintiff her day in Court.” (Pl.’s Mot. at
I. CONCLUSION
For the foregoing reasons, the Cоurt will grant PNC’s motion to reopen the case, confirm the arbitration award, and enter judgment. An appropriate Order will be filed herewith.
s/ Stanley R. Chesler
STANLEY R. CHESLER
United States District Judge
Dated: May 31, 2017
Notes
If the parties in their agrеement 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 sо 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.
