196 F. App'x 577

James A. HENRY d/b/a Automation Systems Marketing, Plaintiff—Appellant, v. STANDARD AUTOMATION & CONTROL, Defendant—Appellee.

No. 04-16588.

United States Court of Appeals, Ninth Circuit.

Submitted March 23, 2006.*

Filed Aug. 4, 2006.

Automation Systems Marketing, Scottsdale, AZ, pro se.

*578Sharon B. Shively, Esq., Sacks Tierney P.A., Scottsdale, AZ, Christine Kirchner, Esq., Joshua N. Bowlin, Esq., Chamberlain Hrdlicka White, Houston, TX, for Defendant-Appellee.

Before: SKOPIL, BOOCHEVER, and LEAVY, Circuit Judges.

MEMORANDUM **

James A. Henry is a nonattorney who does business under the name Automation Systems Marketing (“Automation”), a sole proprietorship.1 He filed this appeal from the district court’s denial of a motion to vacate an arbitration award denying Automation damages or any other relief in a business dispute. We review de novo the district court’s decision to confirm an arbitration award. See Fidelity Fed. Bank v. Durga Ma Corp., 386 F.3d 1306, 1311 (9th Cir.2004).

Federal law allows vacatur of an arbitration award “where there was evident partiality or corruption in the arbitrators.” 9 U.S.C. § 10(a)(2). Henry alleges that the arbitrator showed “severe partiality” during and after the hearing. He does not, however, present any evidence of partiality except his own disagreement with the result. He claims that counsel for Standard made an admission during the arbitration, but because neither Henry nor Standard requested a transcript of the arbitration, there is no record of what was said during the proceeding. Henry has not shown any partiality that would justify vacating the arbitration award. We therefore affirm the district court.

Standard requests an award of sanctions under Federal Rule of Civil Procedure 11. Although Henry’s appeal is without merit, we do not find it submitted for an improper purpose or frivolous. We therefore deny the request for sanctions.

AFFIRMED.

Henry v. Standard Automation & Control
196 F. App'x 577

Case Details

Name
Henry v. Standard Automation & Control
Decision Date
Aug 4, 2006
Citations

196 F. App'x 577

Jurisdiction
United States

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