IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

BAKER TILLY CAPITAL, LLC, 

 Petitioner, 

 v. 

HIGHER PERPETUAL ENERGY, LLC, 

 Respondent. 

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Judge Sharon Johnson Coleman 

Magistrate Judge Morton Denlow 

Case No. 12-CV-3628 

AMENDED MOTION TO CONFIRM ARBITRATION AWARD 

 Petitioner BAKER TILLY CAPITAL, LLC (“BT CAPITAL”), by its undersigned 

attorney, respectfully moves this Court to confirm the April 20, 2012 arbitration award of 

William E. Deitrick (“the Award”) and enter judgment on behalf of BT CAPTIAL pursuant to 

Sections 9 and 13 of the Federal Arbitration Act (“the FAA”). This is an amended motion that 

supersedes BT CAPITAL’S motion to confirm, previously filed on August 14, 2012. In support 

of its motion, BT CAPITAL relies on all matters of record and further states as follows: 

1. Following an arbitration hearing in Chicago, Illinois, an arbitration award was 

issued on April 20, 2012 in favor of BT CAPITAL and against the Respondent, HIGHER 

PERPETUAL ENERGY, LLC (“HPE”), by Arbitrator William E. Dietrick in American 

Arbitration Association Case No. 51-148-00733-11. BT CAPITAL filed a Petition to Confirm 

Arbitration Award on May 11, 2012 (Doc. 1). 

2. HPE is not a resident of Illinois. Accordingly, on May 14, 2012, BT CAPITAL 

filed a motion, pursuant to Section 9 of the FAA, to direct the U.S. Marshal to serve Respondent 

with the Petition to Confirm Arbitration Award and Summons (Doc. 4), and the Court granted 

the motion (Doc. 7). The U.S. Marshal personally served HPE on June 13, 2012, by delivering 

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the Summons and Petition to HPE’s Registered Agent, Lee Wilkins, at 1999 Bryan Street, Suite 

3300, Dallas, Texas 75201-6822. (Doc. 8.) 

3. Section 12 of the Federal Arbitration Act requires a party seeking to vacate, 

modify, or correct an award to provide notice of such a motion “within three months after the 

award is filed or delivered.” 9 U.S.C. § 12. HPE has not served a motion to vacate, modify, or 

correct the Award against HPE. The time to provide notice of a motion to vacate, modify, or 

correct an award has elapsed because the award was filed and delivered on April 20, 2012, more 

than three months ago. 

4. All of the papers, required to be filed under Section 13 of the FAA,1 have been 

filed as follows: 

• A copy of the agreements to arbitrate (Petition Exs. 1 and 2, Doc 1-2, 1-3); 

• A copy of the April 20, 2012 Award of William E. Deitrick (Petition Ex. 4, Doc 1-5); 

• Notice regarding time of the making of the Award (Petition Ex. 3, Doc. 1-4) and 

Transmitting the Award (Petition Ex. 5, Doc. 1-6); 

• Rules regarding the time to make the award (Petition Ex. 6, Doc. 1-7); 

• Notice of the petition and summons to respondents by proof of service by the United 

States Marshall in accordance with 9 U.S.C. § 9 (Doc. 8). 

5. The Petition, exhibits thereto and proof of service, establish that all the 

prerequisites for an order to confirm the Award against HPE. 

The award provides for payment in amount of $354,237.47, plus post-Award Interest at 5% per 

year from April 20, 2012 through April 28, 2012, for a total amount due as follows: 

 

1 Section 13 of the FAA provides for the filing of the following papers: a) The agreement; the selection or 

appointment, if any, of an additional arbitrator or umpire; and each written extension of the time, if any, within 

which to make the award. (b) The award. (c) Each notice, affidavit, or other paper used upon an application to 

confirm, modify, or correct the award, and a copy of each order of the court upon such an application.

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 Description Date Duration 

(days) 

Amount 

Initial Arbitration Award against 

HPE 

April 20, 2012 $354,237.47 

Post-Award - Prejudgment Interest 

(5% per annum) 

August 28, 2012 129 $ 6,259.81 

Total Judgment Amount Due $360,497.28 

6. A copy of the proposed order is attached hereto and will be submitted 

electronically using the Court’s e-mail address for proposed orders. 

 WHEREFORE, Petitioner BAKER TILLY CAPITAL respectfully requests that this 

Court enter an order confirming the April 20, 2012, Arbitration Award of William E. Deitrick 

and direct the clerk to enter judgment in favor of BAKER TILLY CAPITAL and against 

HIGHER PERPETUAL ENERGY, LLC in the amount of $360,497.28 which includes 

prejudgment interest. 

August 20, 2012 Respectfully submitted, 

 By: /s/ Paul J. Ripp 

 Attorney for Petitioner 

Paul J. Ripp (ARDC 6281001) 

pjr@willmont.com 

WILLIAMS MONTGOMERY & JOHN LTD. 

Attorneys for Petitioner 

233 South Wacker Drive, Suite 6100 

Chicago, IL 60606 

Phone: (312) 443-3200 / Fax: (312) 630-8530 

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CERTIFICATE OF FILING 

I hereby certify that on August 20, 2012, I electronically filed the foregoing Amended 

Motion to Confirm Arbitration Award, using the Court’s CM/ECF electronic filing system

from the offices of Williams Montgomery & John, Ltd., 233 South Wacker Drive, Suite 6100, 

Chicago, Illinois 60606. 

 /s/ Paul J. Ripp 

DocID#1077352 

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