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Anti-Trust | New York Southern
Oral Argument
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephonic Oral Argument held on 7/30/2020 re: 177 MOTION to Vacate Arbitration . filed by Spencer Meyer. Present were: Brian Feldman for the plaintiff, William Isaacson for the defense, Raquel Robles court reporter. (tro)
Order
MEMORANDUM AND ORDER. After carefully reviewing the full record, the Court finds that the arbitrator's concluding remarks, rather than a sincere confession of fear, were simply an attempt at humor - one of many made by the arbitrator throughout the hearing. Indeed, if the arbitrator had in fact been making his decision out of fear, the last thing he would have done is placed that on the record. While perhaps inappropriate (or, worse yet, not as humorous as some of the arbitrator's bett er jokes), the remarks are not inconsistent with impartiality once their patently jestful intent is recognized. As for the alleged photographing, there is, as indicated, some reason to doubt whether it actually occurred. But "even assuming that [it] took place exactly as [plaintiff] describes and construing all facts in [plaintiff's] favor," it would not "rise to the level of bias...necessary to vacate an arbitration award under § 10(a)(2)." Plaintiff suggests that the arbitrator took the photograph because he was "starstruck" by Mr. Kalanick. Pl. Mem. at 16. Given the history of dubious conduct by Mr. Kalanick's subordinates when Mr. Kalanick was the only defendant in this case, and as further set forth in this Memorandum and Order. Plaintiff's motion is therefore denied. The Clerk of Court is directed to close docket entry 177. Denying 177 Motion to Vacate Arbitration. (Signed by Judge Jed S. Rakoff on 8/3/2020) (rjm)
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