Questar Capital Corp. v. Gorter
| Decision Date | 15 November 2012 |
| Docket Number | Civil Action No. 3:12–MC–00004. |
| Citation | Questar Capital Corp. v. Gorter, 909 F. Supp.2d 789 (W.D. Ky. 2012) |
| Parties | QUESTAR CAPITAL CORPORATION, Petitioner v. Thomas J. GORTER, Respondent. |
| Court | U.S. District Court — Western District of Kentucky |
OPINION TEXT STARTS HERE
Ben V. Seessel, Jorden Burt LLP, Simsbury, CT, Chadwick A. McTighe, Joseph Lee Hamilton, Stites & Harbison, PLLC, Louisville, KY, James F. Jorden, Jorden Burt LLP, Washington, DC, Sonia Escobio O'Donnell, Jorden Burt LLP, Miami, FL, for Petitioner.
David B. Cosgrove, Kurt J. Schafers, Cosgrove Law, LLC, St. Louis, MO, Richard V. Evans, Oldfather Law Firm, Louisville, KY, for Respondent.
This matter is before the Court upon PetitionerQuestar Capital Corporation's “Petition to Vacate Arbitration Award,”(DocketNo. 1); RespondentThomas J. Gorter's “Combined Motion to Dismiss and/or for Summary Judgment on Questar Capital Corporation's Petition to Vacate and Motion to Confirm Arbitration Award,”(DocketNo. 11); Respondent Gorter's “Motion to Dismiss Questar Capital Corporation's Improper ‘Petition’ to Vacate Arbitration Award,”(DocketNo. 12); and Petitioner Questar's “Motion to Vacate,”(DocketNo. 23).Because the several motions in this case present varying arguments but are necessarily interrelated, the Court will address the parties' respective arguments collectively in the Opinion that follows.
The present action began in this Court upon Questar Capital Corporation's (Questar)Petition to Vacate Arbitration Award.(DocketNo. 1.)On January 13, 2012, a Financial Industry Regulatory Authority (FINRA) arbitration panel(Panel) issued an award in favor of Thomas J. Gorter(Gorter) following arbitration proceedings that began on August 16, 2011.After some 31 hearing sessions, the arbitration proceedings closed on December 13, 2011.Questar filed its Petition to Vacate on February 10, 2012, (DocketNo. 1), to which Gorter responded with his Combined Motion to Dismiss and/or for Summary Judgment and Motion to Confirm Arbitration Award, (DocketNo. 11), and his Motion to Dismiss Questar's Improper “Petition” to Vacate Arbitration Award, (DocketNo. 12), both on March 5, 2012.Questar responded to both on March 29, (DocketNos. 22; 23), and Gorter replied on April 13, (DocketNos. 26; 27).Questar also filed its Motion to Vacate with accompanying Memorandum of Law on March 29, 2012.(DocketNo. 23.)Gorter responded in opposition to Questar's Motion to Vacate, (DocketNo. 28), and Questar replied, (DocketNo. 45).The Court then granted Gorter leave to file a Sur–Reply, which he did on May 29, (DocketNo. 52), and also granted Questar leave to file a Response to Sur–Reply, which it did on June 8, 2012, (DocketNo. 58).
Throughout their many filings in this matter, the parties continue to dispute the facts of this case and to challenge one another's characterizations of those facts.This is in no small part due to the fact that the Panel did not issue findings of fact, nor did it provide an explained decision or opinion along with its award.1At this juncture, much of the contested factual matter is not particularly relevant or necessary given the standard of review for an arbitration award.Therefore, the following summary is intended for background purposes only and represents no findings of fact by this Court.
Questar is a brokerage firm currently based in Minneapolis, Minnesota, and is a fully owned subsidiary of Allianz Life.(Docket No. 11–1, at 1.)Questar is registered with the Securities and Exchange...
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