Opinion
ORDER Re: MOTION TO CONFIRM ARBITRATION AWARD AND REQUEST FOR JUDGMENT [17]
RONALD S.W. LEW, Senior District Judge.
Plaintiffs Writers Guild of America, West, Inc., Mark Distefano, and Guinevere Turner ("Plaintiffs") have filed this Motion to Confirm Arbitration Award and Request for Judgment against Defendant BTG Productions, LLC ("Defendant"). The Court, having reviewed all papers submitted pertaining to this Motion and having considered all arguments presented to the Court, NOW FINDS AND RULES AS FOLLOWS:
I. CONFIRMATION OF ARBITRATION AWARD
Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, confers upon a court jurisdiction to vacate or enforce compliance with an arbitration award for breaches of collective bargaining agreements. See Kemner v. Dist. Council of Painting & Allied Trades No. 36, 768 F.2d 1115, 1118 (9th Cir. 1985). "Federal courts should not review the merits of arbitration awards, but rather should merely determine whether the parties agreed to arbitrate the dispute and to give the arbitrator the power to provide for his award." Phoenix Newspapers, Inc. v. Phoenix Mailers Union Local 752, Int'l Bhd. of Teamsters, 989 F.2d 1077, 1080 (9th Cir. 1993). Thus, in disputing an arbitration award of a dispute governed by a collective bargaining agreement, [t]he party contesting arbitrability bears the burden of demonstrating how the language in the collective bargaining agreement excludes a particular dispute from arbitration. Id.
Here, Plaintiffs have alleged that their dispute is governed by a collective bargaining agreement-specifically, the Minimum Basic Agreements ("MBA"). See Mot. 3:24-28. Plaintiffs have alleged that Defendant agreed to be a party to the MBA pursuant to agreements that it filed with the Writers Guild of America. Id. at 3:26-38. According to the MBA, disputes over failure to pay compensation due to writers and contribution on behalf of writers must be submitted to arbitration. Decl. of Heather Pearson, Exh. B. Plaintiffs have alleged that this is a dispute over Defendant's failure to pay Plaintiffs Distefano and Turner due compensation and contribution to benefits programs. Further, Defendant, who has the burden of demonstrating how the language of the agreement excludes this type of dispute from arbitration, has not appeared in this action. Accordingly, the Court confirms the award of the Arbitrator in Plaintiffs' favor.
II. REQUEST FOR DEFAULT JUDGMENT
Plaintiff's Motion for Default Judgment is hereby GRANTED. Procedurally, Plaintiffs have met all the requirements for entry of default judgment. Default was entered as to Defendant on September 12, 2014 for failure to plead or otherwise defendant against the Complaint. Plaintiffs have averred that Defendant is neither an infant nor an incompetent person, and that the Servicemembers Civil Relief Act does not apply. Decl. of Heather Pearson ¶ 6 (c), (d). Finally, notice of the default was served on Defendant. Id., Exh. F.
Furthermore, the Court finds that the substantive factors set forth in Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) weigh in favor of granting default judgment. Plaintiffs will be prejudiced if they have no way of enforcing the arbitration award. The merits and sufficiency of the claims have already been determined by the Arbitrator. The sum is substantial-over $300, 000-and results from Defendant's refusal to pay compensation owed. Defendant has had multiple opportunities to defend itself and has chosen not to appear. Finally, because entry of default leads to the presumption that Plaintiffs' allegations are true, and because Defendant has not appeared, there is no dispute as to material facts. Accordingly, the factors weigh in favor of granting default judgment.
THEREFORE, IT IS ORDERED that:
Plaintiffs' Motion to Confirm Arbitration Award is GRANTED and Plaintiff's Request for Default Judgment is GRANTED.
IT IS SO ORDERED.