Opinion
2:17-cv-01292-RGK-RAO
04-04-2024
In the Matter of the Arbitration Between TRADEWINDS LTD., d/b/a/ TRADEWINDS CONSULTING, LTD.,Petitioner/Creditor, v. GROUPO DOLPHIN DISCOVERY AND CONTROLADORA DOLPHIN S.A. DE C.V., Respondents/Debtors.
Averil K. Andrews (SBN: 315843) Patrick D. Vellone (admitted pro hac vice) Allen Vellone Wolf Helfrich & Factor P.C. Travis A. Corder (SBN: 237575) Attorneys for Petitioner/Judgment Creditor Tradewinds Ltd. Attorneys for Petitioner TRADEWINDS LTD., d/b/a TRADEWINDS CONSULTING, LTD.
Averil K. Andrews (SBN: 315843)
Patrick D. Vellone (admitted pro hac vice)
Allen Vellone Wolf Helfrich & Factor P.C.
Travis A. Corder (SBN: 237575)
Attorneys for Petitioner/Judgment Creditor Tradewinds Ltd.
Attorneys for Petitioner TRADEWINDS LTD., d/b/a TRADEWINDS CONSULTING, LTD.
[PROPOSED] AMENDED JUDGMENT
HON. R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE
Pursuant to (1) this Court's March 21, 2024 (In Chambers) Order Re: Motion to Amend Judgment [DE 66] [D.E. 83];
(2) this Court's July 31, 2017 Minute (In Chambers) Order Re: Motion for Post-Arbitration Attorneys' Fees [D.E. 36] awarding Petitioner Tradewinds Ltd., d/b/a Tradewinds Consulting, Ltd. $51,502.00 in postjudgment attorneys' fees against original Respondents Grupo Dolphin Discovery and Controladora Dolphin S.A. de C.V.; and
(3) this Court's August 14, 2017 Bill of Costs [D.E. 37] that taxed costs in the amount of $635.25 against the original Respondents, this Court hereby amends the original June 7, 2017 Judgment [D.E. 31] in this matter to read and provide as follows:
THIS CAUSE came before the Court on the Petition To Confirm Arbitration Award filed by Petitioner Tradewinds Ltd., d/b/a Tradewinds Consulting, Ltd. (“Petitioner” or “Tradewinds”) [D.E. 1]. Having reviewed the parties' submissions and the applicable law, having confirmed the underlying arbitration award, having already entered an original judgment in this matter [D.E. 31], having entered an award of post-judgment attorneys' fees [D.E. 36], and costs having been taxed [D.E. 37], the Court hereby enters this amended judgment amending the original judgment [D.E. 31] by, inter alia, adding the The Dolphin Company as an additional judgment debtor and party Respondent, as follows (hereinafter, Grupo Dolphin Discovery, The Dolphin Company and Controladora Dolphin S.A. de C.V. are referred to collectively as the “Respondents”).
An arbitration was conducted and resulted in a foreign arbitral award entered in favor of Petitioner and against Respondents on October 11, 2016. The award was confirmed by this Court on May 31, 2017 [D.E. 27]. Therefore, pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq., this Court hereby enters judgment consistent with the October 11, 2016 award. Therefore, it is hereby
ORDERED AND ADJUDGED that Grupo Dolphin Discovery, The Dolphin Company and Controladora Dolphin S.A. de C.V. shall pay Tradewinds Ltd. the amount of $3,678,419.13 (the “Capital Amount”). This total is comprised of: $2,875,000.00, the “Principal Amount”; plus $286,060.00 in arbitration attorney's fees, plus $47,979.73 in arbitration costs, plus $469,379.40 in pre-judgment interest (interest on the principal amount at 10% per annum, or $787.65 per day (as provided by the arbitration award, D.E. 1-3, §15, p. 33-34 and “Award”, §B, p. 36), from October 9, 2015 until June 5, 2017);
It is FURTHER ORDERED AND ADJUDGED that in addition, Grupo Dolphin Discovery, the Dolphin Company and Controladora Dolphin S.A. de C.V. shall pay Tradewinds Ltd. additional prejudgment interest on the Principal Amount at the rate of $787.65 per day for the two days (June 5 and 6, 2017) that fell between the original calculation of the Capital Amount (including prejudgment interest) set forth above and the day the original judgment [D.E. 31] was entered, June 7, 2017, and that this total additional prejudgment interest amount, $1,575.30, representing the two additional prejudgment days, is hereby added to the Capital Amount, increasing the Capital Amount to $3,679,994.43;
It is FURTHER ORDERED AND ADJUDGED that in addition, pursuant to 28 U.S.C. §1961, Grupo Dolphin Discovery, the Dolphin Company and Controladora Dolphin S.A. de C.V. shall pay Tradewinds Ltd. postjudgment interest beginning June 7, 2017, the date the original judgment [D.E. 31] was entered, at the rate of 1.16% per annum, compounded annually, on the Capital Amount or any portion thereof that remains unpaid;
It is FURTHER ORDERED AND ADJUDGED that in addition, pursuant to this Court's July 31, 2017 Minute (In Chambers) Order Re: Motion for Post-Arbitration Attorneys' Fees [D.E. 36] that awarded Petitioner Tradewinds Ltd. $51,502.00 in post-arbitration (postjudgment) attorneys' fees against original Respondents Grupo Dolphin Discovery and Controladora Dolphin S.A. de C.V. [D.E. 36], the Court further enters judgment in the additional amount of $51,502.00 (the “First Attorneys' Fees Award”) against Respondents Grupo Dolphin Discovery, the Dolphin Company and Controladora Dolphin S.A. de C.V. and in favor of Tradewinds Ltd. and orders and adjudges that Respondents Grupo Dolphin Discovery, The Dolphin Company and Controladora Dolphin S.A. de C.V. shall pay Tradewinds Ltd. that amount plus postjudgment interest on the First Attorneys' Fees Award at the rate of 1.22% per annum, compounded annually, accruing from July 31, 2017, on any portion thereof that remains unpaid;
It is FURTHER ORDERED AND ADJUDGED that, pursuant to this Court's August 14, 2017 Bill of Costs [D.E. 37] that taxed (awarded) costs in the amount of $635.25 against original Respondents Grupo Dolphin Discovery and Controladora Dolphin S.A. de C.V. and in favor of Tradewinds Ltd., Respondents Grupo Dolphin Discovery, the Dolphin Company and Controladora Dolphin S.A. de C.V. shall pay Tradewinds Ltd. $635.25 in costs and postjudgment interest thereon at the rate of 1.16% per annum accruing from August 14, 2017, compounded annually, on any portion thereof that remains unpaid;
It is FURTHER ORDERED AND ADJUDGED that this Court shall retain jurisdiction to award to Tradewinds Ltd. additional attorneys' fees and costs relating to the confirmation of the October 11, 2016 arbitration award and the collection of this judgment, and shall retain jurisdiction to award to Tradewinds Ltd. additional interest as provided by this judgment.