Summary
vacating an arbitration award because the arbitrator exceeded his authority in issuing an award when there was no proof that parties agreed to arbitrate
Summary of this case from De Beers Centenary AG v. HassonOpinion
NO. 2:08-CV-182.
March 27, 2009
ORDER
This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Pursuant to 28 U.S.C. § 636(b)(1)(B), dated March 9, 2009. The instant report and recommendation addresses Plaintiff's Petition to Vacate Arbitration Award (DE# 1), and recommends the petition be granted and a default judgment be entered in favor of Plaintiff, vacating the arbitration award. Upon due consideration, this Court ADOPTS Magistrate Judge Cherry's Report and Recommendation. Accordingly, this Court ENTERS DEFAULT JUDGMENT in favor of Plaintiff, Ila J. Kesterson, and against Defendant, NCO Portfolio Management, Inc. As a result, Plaintiff's Petition to Vacate Arbitration Award is GRANTED and the April 4, 2008, arbitration award is VACATED.