Free Mandate of 9th Circuit - District Court of Arizona - Arizona

UNITED STATES COURT OF APPEALS p
FOR THE NINTH CIRCUIT
1
AUTOMATION SYSTEMS No. 04-16588
MARKETING, D.C. No. CV-04-005 19-PHX-
JWS I
Plaintiff- Appellant,
V.
JUDGMENT
STANDARD AUTOMATION &
CONTROL,
Defendant - Appellee.
Appeal from the United States District Court for the District of Arizona
(Phoenix). U
This cause came on to be heard on the Transcript of the Record from the
United States District Court for the District of Arizona (Phoenix) and was duly
submitted. I
I On consideration whereof] it is now here ordered and adjudged by this
Court, that the judgment of the said District Court in this cause be, and hereby is
AFFIRIVIED.
Filed and entered 08/04/06
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Case 2:04-cv-00519-JWS Document 33 Filed 10/17/2006 Page 1 of 4

NOT FOR PUBLICATION
UNITED STATES counr OF APPEALS F I L E D
FOR THE NINTH CIRCUIT AUG 04 gggg
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JAMES A. HENRY d/b/a No. 04-16588
AUTOMATION SYSTEMS
MARKETING, D.C. No. CV-04-005 19-PHX-J WS
Plaintiff- Appellant, g
I MEMORANDUM*
I v.
STANDARD AUTOMATION & P
CONTROL,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Arizona
John W. Sedwick, District Judge, Presiding
Submitted March 23, 2006**
Before: SKOPIL, BOOCHEVER, and LEAVY, Circuit Judges.
James A. Henry is a nonattorney who does business under the name .
°“ This disposition is not appropriate for publication and may not be P
cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
H This panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case 2:04-cv-00519-JWS Document 33 Filed 10/17/2006 Page 2 of 4

Automation Systems Marketing ("Automation"), a sole proprietorship} He filed
this appeal from the district court’s denial of a motion to vacate an arbitration
award denying Automation damages or any other relief in a business dispute. We
' review de novo the district court’s decision to confirm an arbitration award. &
Fidelity Fed. Bank v. Durga Ma Corp., 386 F.3d 1306, 1311 (9th Cir. 2004).
Federal law allows vacatur of an arbitration award "where there was evident
partiality or corruption in the arbitrators." 9 U.S.C. § l0(a)(2). Henry alleges that
the arbitrator showed "severe partiality” during and after the hearing. He does not,
l
however, present any evidence of partiality except his own disagreement with the
result. He claims that counsel for Standard made an admission during the
arbitration, but because neither Henry nor Standard requested a transcript of the
arbitration, there is no record of what was said during the proceeding. Henry has
not shown any partiality that would justify vacating the arbitration award. We
therefore affirm the district court.
Standard requests an award of sanctions under Federal Rule of Civil
I We sua sponte amend the caption to conform it to the districtcourt’s order
stating that plaintiff is "correctly identified as James A. Henry d/b/a Automation
Systems Marketing? Thus, Henry may proceed pro se and is not barred by our
"longstanding rule that corporations and other unincorporated associations must
appear in court through an attorney." & D—Beam Ltd. P’ship v. Roller Derby
Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004) (internal quotation and
alteration omitted).
2
Case 2:04-cv-00519-JWS Document 33 Filed 10/17/2006 Page 3 of 4

Procedure ll. Although Henry’s appeal is without merit, we do not tind it
submitted for an improper purpose or frivolous. We therefore deny the request
for sanctions.
AFFIRMED.
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