Opinion
Proceedings: IN CHAMBERS--ORDER RE PETITIONER'S MOTION TO CONFIRM ARBITRATION AWARD [1]
Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE.
The matter before the Court is Petitioner Screen Actors Guild-American Federation of Television and Radio Artists' (" SAG") motion to confirm an arbitration award, filed on March 25, 2015. [Doc. # 1.] Respondent Ryan Johnson has not filed an opposition.
SAG filed proofs of service by mail on March 26, 2015 and March 27, 2015. [Doc. ## 7, 10.]
The Court has jurisdiction over this action. 29 U.S.C. § 185(a); see Matthews v. Nat'l Football League Mgmt. Council, 688 F.3d 1107, 1110 (9th Cir. 2012) (" [T]he Labor-Management Relations Act (LMRA) creates federal question jurisdiction over petitions to confirm or vacate arbitration awards.").
SAG is the successor-in-interest to Screen Actors Guild, Inc. and is a union that represents approximately 160, 000 media artists who work in motion pictures, television, radio, the internet, and other media formats. (Declaration of Jessica Espinosa (" Espinosa Decl.") ¶ 3 [Doc. # 1].) Johnson is a producer of motion pictures that produced a motion picture entitled " Southern Cross" a/k/a " King's Highway" with members of SAG. (Espinosa Decl. ¶ ¶ 4, 8.)
On April 26, 2001, Johnson executed a Screen Actors Guild Experimental Film Agreement (" EFA") as well as a Security Agreement. ( See Espinosa Decl. ¶ 4, Exh. A (" Experimental Film Agreement"); Espinsoa Decl. ¶ 5, Exh. B (" Security Agreement").) The EFA states:
Except as herein modified, all provisions of the 1989 Producer-Screen Actors Guild Codified Basic Agreement as amended by the 1992 Memorandum of Agreement and the 1995 Memorandum of Agreement shall be applicable to the employment of professional performers.
(Espinosa Decl. ¶ 4, Exh. A (" Experimental Film Agreement").) Johnson is thus bound by the terms and conditions of the SAG Codified Basic Agreement for Independent Producers of 1989, as amended (" Basic Agreement"). (Espinosa Decl. ¶ 5, Exh. C (" Basic Agreement").)
SAG contends that Johnson produced the picture using union actors or other performers covered by said agreements and released the picture for distribution in various supplemental markets. (Espinosa Decl. ¶ ¶ 8-9.) As a result, Johnson became obligated to pay the performers salary upgrades, as required by Section 6 of the SAG EFA. ( See Espinosa Decl. ¶ 10.) Pension and health contributions also became due to the performers pursuant to Section 6(ii) of the SAG EFA and Section 34 of the CBA. ( See Espinosa Decl. ¶ 11.) Johnson failed or refused to pay the salary upgrades, thereby also triggering late payment liquidated damages pursuant to Section 31.B of the CBA. (Espinosa Decl. ¶ ¶ 12-13.)
On November 17, 2010, pursuant to Section 9.E(3) of the CBA, SAG served a statement of claim and demand for arbitration on Johnson for the salary upgrades, pension and health contributions, and late payment liquidated damages. (Espinosa Decl. ¶ 14; see Espinosa Decl. ¶ 14, Exh. D (" Demand").) On March 28, 2011, Michael Rappaport, an arbitrator, held a hearing on the matter. (Espinosa Decl. ¶ 17.) Johnson neither made an appearance nor sought a continuance. (Id. ) On March 28, 2011, Arbitrator Rappaport issued an arbitration award, ordering Johnson to pay to SAG (1) $196,784.38 in pensionable upgrade compensation; (2) $25,877.15 in pension and health contributions; (3) $18,165.00 in late payment liquidated damages; and (4) $38,583.41 in taxes/expenses. (Espinosa Decl. ¶ 17, Exh. E (" Arbitration Award").)
To date, Johnson has not paid SAG (Espinosa Decl. ¶ 20), and the instant motion to confirm the arbitration award ensued. In its motion, SAG seeks: (1) confirmation of the arbitration award, totaling $279,409.94; (2) attorney's fees in the amount of $2,400; and (3) filing costs in the amount of $400. (Espinosa Decl. ¶ ¶ 22-23, 29, 30.) SAG indicates that its attorney's fees are calculated based on eight hours of legal work at a rate of $300 per hour and will be paid to SAG, not its counsel. (Espinosa Decl. ¶ ¶ 27-28.)
Pursuant to Local Rule 7-9, Johnson's opposition to SAG's motion was due by April 3, 2015, i.e., at least 21 days before the April 24, 2015 hearing date. Johnson did not file an opposition to the motion, and the time to do so has long passed. Accordingly, the Court grants SAG's motion based on Johnson's failure to file an opposition. See L.R. 7-12 (" The failure to file any required paper, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion.").
In light of the foregoing, the Court orders the following:
1. SAG's motion to confirm the arbitration award is GRANTED;
2. The arbitration award of March 28, 2011 is confirmed; and
3. Attorney's fees in the amount of $2,400 and filing costs in the amount of $400 are awarded to SAG.
IT IS SO ORDERED.
JUDGMENT
The regularly noticed Motion for Order Confirming Arbitration Award and Entry of Judgment in Conformity Therewith of Petitioner Screen Actors Guild-American Federation of Television and Radio Artist (" Union"), as successor-in-interest to Screen Actors Guild, Inc., came before the Court.
Having considered the unopposed pleadings and arguments submitted by the Union in connection with this motion and having granted the motion on May 15, 2015 [Doc. # 13]:
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment is entered in this case in favor of the Union as follows:
1. The Arbitration Award in favor of the Union, as successor-in-interest to the Screen Actors Guild, Inc., and against RYAN JOHNSON, Union Case No. TM 5750, dated March 28, 2011, is confirmed in all respects.
2. RYAN JOHNSON is ordered to pay the following:
(a) To Union, on behalf of affected performers, the sum of $279,409.94;
(b) To Union for its attorney's fees incurred in this action, the sum of $2,400.00; and
(c) To Union for its costs incurred in this action, the sum of $400.00.