CACI DYNAMIC SYSTEMS, INC. v. SPICER

Full title: CACI DYNAMIC SYSTEMS, INC., Petitioner, v. V. ALLEN SPICER, Respondent

Court: United States District Court, E.D. Virginia, Alexandria Division

Date published: Mar 28, 2005

Civil Action No. 1:05-MC-10 (LMB) (E.D. Va. Mar. 28, 2005)

Opinion

Civil Action No. 1:05-MC-10 (LMB).

March 28, 2005

ORDER

LEONIE BRINKEMA, District Judge

This action came before the Court on Petitioner's Motion for an Order confirming the November 22, 2004 "Interim Award of Arbitrator" and the February 23, 2005 "Final Award of Arbitrator," issued by Arbitrator Dennis R. Nolan of the American Arbitration Association ("AAA"), in AAA Case No. 16 160 00725 02, pursuant to Section 9 of the Federal Arbitration Act ("FAA"), 9 U.S.C. § 9, and Respondent's cross-motion to vacate the Awards, pursuant to Section 10 of the FAA, 9 U.S.C. § 10. The issues having been fully heard,

IT IS HEREBY ORDERED that Petitioner, CACI Dynamic Systems, Inc.'s ("CACI") motion to confirm the arbitration awards is GRANTED;

IT IS HEREBY FURTHER ORDERED that Respondent V. Allen Spicer's ("Spicer") motion to vacate the arbitration awards is DENIED;

IT IS HEREBY FURTHER ORDERED that judgment shall be entered in favor of the Petitioner, CACI and against Respondent Spicer, as follows:

1) damages in the amount of $10,567,478.00, as awarded in the Interim Award;

2) the sum of $648,449.47, for CACI's reasonable attorneys' fees incurred in connection with the arbitration, as awarded in the Final Award; and

3) the sum of $29,740.75 for costs incurred in the arbitration by CACI, as awarded in the Final Award;

IT IS FURTHER ORDERED that Respondent Spicer is permanently enjoined as follows, in accordance with the Final Award:

A. Respondent, his agents, servants, and employees are enjoined from violating paragraphs 7(a), 7(b) and 8 of his Employee Agreement with CACI, and any provision of the Virginia Business Conspiracy Act.

B. The portion of this injunction dealing with Respondent's employment agreement shall remain in effect for the periods specified in that agreement: one year for paragraphs 7(a) and 8, and two years for paragraph 7(b), beginning with the date of the Arbitrator's Final Award.

C. The portion of this injunction dealing with the Virginia Business Conspiracy Act shall remain in effect for the maximum period covered by Respondent's employment agreement, two years beginning with the date of the Arbitrator's Final Award.

IT IS FURTHER ORDERED that CACI is entitled to post-judgment interest from the date Judgment is entered until the date CACI receives payment of the above amounts from Spicer, in accordance with 28 U.S.C. § 1961.