RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 20a0381p.06 

### UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

R ICHARD “ R IP ” H ALE , Claimant

- Appellant
,

v

.

M ORGAN S TANLEY S MITH B ARNEY LLC
, Respondent

- Appellee

. ┐ │ │ │ │ │ │ │ ┘ No. 20

- 3412

Appeal from the United States District Court for the Southern District of Ohio at Dayton. No. 3:19

- cv

- 00229

—

Walter H. Rice, District Judge. Argued: November 18, 2020

Decided and Filed: December 15, 2020

Before: COLE, Chief Judge; DONALD and READLER, Circuit Judges.

_________________ COUNSEL

ARGUED: Peter K. Newman, THE NEWMAN LAW GROUP LLC, Dayton, Ohio, for Appellant. Tracy L. Gerber, GREENBERG TRAURIG, LLP, West Palm Beach, Florida, for Appellee. ON BRIEF : Peter K. Newman, THE NEWMAN LAW GROUP LLC, Dayton, Ohio, for Appellant. Tracy L. Gerber, Beth A. Black, GREENBERG TRAURIG, LLP, West Palm Beach, Florida, Brigid F. Cech Samole, GREENBERG TR AURIG, P.A., Miami, Florida, for Appellee.

_________________ OPINION

_________________ BERNICE BOUIE DONALD, Circuit Judge. Dissatisfied with several disciplinary actions taken against him at work, Plaintiff Richard “Rip” Hale sought recourse against his 

### >No. 20

- 3412 Hale v. Morgan Stanley Smith Barney LLC Page 2

employer, Defendant Morgan Stanley Smith Barney LLC, d/b/a Morgan Stanley Wealth Management (“Morgan Stanley”), through arbit ration. When this arbitration was unsuccessful, Hale filed suit in district court, seeking to vacate the arbitration award pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § § 1 et seq . The district court never reached the merits of
Hale’s claims however, finding that it lacked subject

- matter jurisdiction. Because we find that diversity jurisdiction has been satisfied, we REVERSE and REMAND.

I.
Hale has been employed by Morgan Stanley as a financial advisor since 1984. Though Hale prospered fina ncially at Morgan Stanley, he was disciplined on several occasions between 2013 and 2016. Believing that he was wrongly reprimanded by his employer, Hale initiated an arbitration action, and requested damages for his claims of negligence, defamation, brea ch of fiduciary duty, and intentional infliction of emotional distress. Following an arbitration hearing that lasted four days, and during which eleven witnesses testified, the arbitrator issued an award denying all of Hale’s claims and awarded him $0 in damages.
Following the arbitration decision, Hale filed suit in district court, requesting that the arbitration award be vacated pursuant to §§ 10(a)(3) and 10(a)(4) of the FAA. Morgan Stanley subsequently filed a motion to dismiss the case on jurisdicti onal grounds. The district court ruled in favor of Morgan Stanley, holding that the court lacked diversity and federal question jurisdiction over the suit. Hale timely appealed to this Court.

II.
We apply a de novo standard when reviewing the district court’s determination of jurisdiction. Dealer Comput. Servs., Inc. v. Dub Herring Ford , 547 F.3d 558, 560 (6th Cir. 2008).
Our Court, being one of limited jurisdiction, possesses only power authorized by the
Constitut ion and statute to adjudicate cases. Kokkonen v. Guardian Life Ins. Co. of Am. , 511 U.S. 375, 377 (1994). The party asserting subject

- matter jurisdiction bears the burden of establishing that such jurisdiction exists. Id. When a party makes a facial ch allenge to theNo. 20

- 3412 Hale v. Morgan Stanley Smith Barney LLC Page 3

district court’s subject

- matter jurisdiction under Rule 12(b)(1)

— as is the case here

— we must take as true all material allegations of the complaint. Carrier Corp. v. Outokumpu Oyj , 673 F.3d 430, 440 (6th Cir. 2012)

. With regard to diversity jurisdiction, it is firmly established that parties attempting to demonstrate that such jurisdiction exists must show that: (1) the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs; and (2) there is complete diver sity of citizenship between the disputing parties. 28 U.S.C. § 1332(a). The parties in the instant case concede that they are diverse in citizenship, but disagree as to whether the amount in controversy requirement has been satisfied. Morgan Stanley asserts that since the arbitrator did not award Hale any damages, the amount in controversy is $0. Conversely, Hale argues that the amount in controversy is met because he requested a damages award of $14.75 million in his complaint (filed as a mo tion to vacate). 1 In finding that it lacked diversity jurisdiction, the district court
cited to Ford v. Hamilton Inv., Inc. , 29 F.3d 255 (6th Cir. 1994) in support of its decision.
Because the district court’s reliance on Ford was misplaced, we agree wi th Hale.

In Ford , the plaintiff sought to vacate the arbitrator’s award of approximately $30,000
under the FAA. Id. at 257. The Court held that based on the general federal rule that it is appropriate to “decide what the amount in controversy is from the complaint itself,” Horton v. Liberty Mut. Ins. Co., 367 U.S. 348, 353 (1961), even though the plaintiff counter

- claimed more than $50,000 against the defendant in the arbitration proceeding, 2 because the award that the plaintiff asked to be vacated was o nly that of the $30,000 arbitration award, it clearly fell below the amount in controversy threshold under 28 U.S.C. § 1332(a). Ford
, 29 F.3d at 260. The conclusion reached by the Court in Ford was not that the amount of the arbitrator’s award
should be considered when calculating the amount in controversy in this context, but that in making such determinations, it is necessary to look to the amount alleged to be in controversy in the complaint

. See Theis Research, Inc. v. Brown & Bain , 400 F.3d 659, 665 (9th Cir. 2005)

1 Hale contends in his complaint that the district court should award him all of the remedies he requested in the arbitration action. He then points the district court to the opening statement from the arbitration hearing (which he attached to the complaint ) that lists the $14.75 million in damages he sought in arbitration.

2 When Ford was decided, the jurisdictional amount in controversy was $50,000, but was later increased to $75,000. See Federal Courts Improvement Act of 1996, Pub. L

. No. 104

- 317 , § 205 , 110 Stat. 3847.No. 20

- 3412 Hale v. Morgan Stanley Smith Barney LLC Page 4

(noting that “the Sixth Circuit was quite clear that had the losing party [in Ford ] sought to challenge the arbitrator’s denial of that party’s counterclaims, the amount in controversy would have been met”) (citing Ford
, 29 F.3d at 260). Accordingly, in actions where a party seeks to vacate a $0 arbitration award pursuant to § 10 of the FAA, courts should look to the complaint for purposes of assessing whether § 1332(a)’s jurisdictional amou nt in controversy requirement
has been met.
This rule was similarly applied by the Court in Mitchell v. Ainbinder , 214 F. App’x 565 (6th Cir. 2007). In Mitchell
, the Court reaffirmed that district courts “should consider the amount alleged in a complaint” when determining the amount in controversy. Id. at 566 (quoting
Mass. Cas. Ins. Co. v. Harmon, 88 F.3d 415, 416 (6th Cir. 1996)). And in cases where the petitioner seeks to vacate a $0 arbitration award and reopen his arbitration, the Court held that
th e amount in controversy includes the amount sought in the underlying arbitration. Id. at 566

– 67. While the district court distinguished Ford and Mitchell by indicating that the former
involved a request to vacate an arbitration award and the latter included a demand to reopen an arbitration, there is no meaningful difference between the two forms of relief

— and Morgan Stanley has not provided sufficient support for a finding to the contrary. 3 Ford and Mitchell therefore both stand for the same propo sition: when a petitioner disputes an issued arbitration
award

— either through vacation or seeking to reopen arbitration

— courts need only to review the relief requested in the complaint to determine the amount in controversy.
When that rule is applied her e, it becomes evident that the district court had diversity jurisdiction over this case. In his complaint, Hale sought to vacate the $0 award, arguing that the arbitrator should have awarded him almost $15 million in damages

— certainly more than the

amount necessary to satisfy § 1332(a). Therefore, the minimum amount in controversy was met, and the district court had the subject

- matter jurisdiction necessary to adjudicate Hale’s claims. 4

3 This is especially true when it is considered that plaintiffs, like Hale, are presumably seeking vacation of an arbitration award in order to reenter arbitration.

4 Because diversity jurisdiction was satisfied, we will not address the parties’ federal question jurisdiction contentions.No. 20

- 3412 Hale v. Morgan Stanley Smith Barney LLC Page 5

III.
For the foregoing reasons, we REVERSE the district court’s judgment and REMAND
this case for further proceedings consistent with this opinion.