UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

STONEBRIDGE EQUITY LLC, 

d/b/a STONEBRIDGE BUSINESS 

PARTNERS, a Michigan limited 

liability company, 

 Plaintiff, Case No. 2:09-cv-11541 

vs. Honorable Denise Page Hood 

CHINA AUTOMOTIVE SYSTEMS, INC., Magistrate Judge R. Steven Whalen 

a Delaware corporation, 

 Defendant. 

____________________________________________________________________________ 

Randall J. Gillary (P 29905) Mark V. Heusel (P 47528) 

Kevin P. Albus (P 53668) DICKINSON WRIGHT PLLC 

RANDALL J. GILLARY, P.C. Attorneys for Defendant 

Attorneys for Plaintiff 301 E. Liberty St., Ste. 500 

201 W. Big Beaver Rd., Ste. 1020 Ann Arbor, MI 48104 

Troy, MI 48084 (734) 623-1908 

(248) 528-0440 

____________________________________________________________________________ 

PLAINTIFF’S MOTION FOR ENTRY OF 

JUDGMENT CONFIRMING ARBITRATION AWARD

 NOW COMES Plaintiff, Stonebridge Equity, L.L.C., d/b/a Stonebridge Business 

Partners, by and through its attorneys, Randall J. Gillary, P.C., who moves this honorable Court 

for entry of judgment confirming an arbitration award for the reasons set forth in the attached 

brief.. 

LAW OFFICES OF

RANDALL J. GILLARY, P.C. 

COLUMBIA CENTER

201 W. BIG BEAVER ROAD

SUITE 1020 

TROY, MI 48084 

_________ 

(248) 528-0440 

FAX (248) 528-3412 

Case 2:09-cv-11541-DPH-RSW ECF No. 17, PageID.53 Filed 07/27/11 Page 1 of 11
2

 Respectfully submitted, 

 s/Kevin P. Albus 

 Randall J. Gillary, P.C. 

 201 W. Big Beaver Rd., Ste. 1020 

 Troy, MI 48084 

 (248) 528-0440 

 kalbus@gillarylaw.com 

 P53668 

Dated: July 27, 2011 

Case 2:09-cv-11541-DPH-RSW ECF No. 17, PageID.54 Filed 07/27/11 Page 2 of 11
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

STONEBRIDGE EQUITY LLC, 

d/b/a STONEBRIDGE BUSINESS 

PARTNERS, a Michigan limited 

liability company, 

 Plaintiff, Case No. 2:09-cv-11541 

vs. Honorable Denise Page Hood 

CHINA AUTOMOTIVE SYSTEMS, INC., Magistrate Judge R. Steven Whalen 

a Delaware corporation, 

 Defendant. 

____________________________________________________________________________ 

Randall J. Gillary (P 29905) Mark V. Heusel (P 47528) 

Kevin P. Albus (P 53668) DICKINSON WRIGHT PLLC 

RANDALL J. GILLARY, P.C. Attorneys for Defendant 

Attorneys for Plaintiff 301 E. Liberty St., Ste. 500 

201 W. Big Beaver Rd., Ste. 1020 Ann Arbor, MI 48104 

Troy, MI 48084 (734) 623-1908 

(248) 528-0440 

____________________________________________________________________________ 

BRIEF IN SUPPORT OF 

PLAINTIFF’S MOTION FOR ENTRY OF 

JUDGMENT CONFIRMING ARBITRATION AWARD 

LAW OFFICES OF

RANDALL J. GILLARY, P.C. 

COLUMBIA CENTER

201 W. BIG BEAVER ROAD

SUITE 1020 

TROY, MI 48084 

_________ 

(248) 528-0440 

FAX (248) 528-3412 

Case 2:09-cv-11541-DPH-RSW ECF No. 17, PageID.55 Filed 07/27/11 Page 3 of 11
ii

ISSUES PRESENTED

I. Should the Court enter a judgment confirming the arbitration award where the 

arbitration award has become final in accordance with the parties’ arbitration 

agreement, and where the arbitration agreement provides that a judgment confirming 

the arbitration award may be entered after the arbitration award becomes final? 

Case 2:09-cv-11541-DPH-RSW ECF No. 17, PageID.56 Filed 07/27/11 Page 4 of 11
iii

CONTROLLING AUTHORITY

Statutes

9 U.S.C. § 9 

Case 2:09-cv-11541-DPH-RSW ECF No. 17, PageID.57 Filed 07/27/11 Page 5 of 11
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STATEMENT OF FACTS

 On April 24, 2009, Plaintiff filed the original Complaint in this matter seeking damages 

for unpaid sales commissions from Defendant. See Docket Entry #1. On September 28, 2009, 

a Stipulated Order for Dismissal Without Prejudice was entered by the Court so that the parties 

could submit their claims to arbitration. See Exhibit A. The Order further provided that this 

Court would retain jurisdiction “for the purpose of confirming, vacating, or correcting any 

arbitration award in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1-16.” Id.

 Prior to entry of the dismissal order, the parties had executed a written Arbitration 

Agreement. See Exhibit B. The Arbitration Agreement set forth rules for selection of an 

arbitrator, conduct of the hearing, and an arbitration appeal process. Id. The Arbitration 

Agreement further provided that if a party failed to comply with the terms of the final 

arbitration award within 30 days, the opposing party could seek to have the final arbitration 

award confirmed in a judgment in this Court. Id. at § 5.3. 

 The parties selected Mr. Gene Esshaki, Esq., as their hearing arbitration, and an 

arbitration hearing was held on November 30, 2010. On December 28, 2010, Mr. Esshaki 

issued Partial Award Number One. See Exhibit C. Mr. Esshaki found that Plaintiff was 

entitled to some of the commissions that it sought, but not all. Mr. Esshaki also found that 

Plaintiff was entitled to penalty damages and attorney fees under M.C.L. 600.2961, the 

Michigan Sales Representatives Commission Act (“SRCA”). Mr. Esshaki did not issue a final 

award, however, because he required additional information before calculating the amount of 

sales commissions and penalty damages due. 

 After the parties submitted additional evidence, Mr. Esshaki issued his Final Award on 

February 4, 2011. See Exhibit D. In the Final Award, Mr. Esshaki ruled that Plaintiff was 

Case 2:09-cv-11541-DPH-RSW ECF No. 17, PageID.58 Filed 07/27/11 Page 6 of 11
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entitled to commissions of $0.744 on certain part numbers identified in the award. Id. at pp. 2-

3. Mr. Esshaki also ruled that Plaintiff would continue to be entitled to commissions at that 

rate even if the price paid by the end customer fluctuated. Id. at pp. 3-4. Mr. Esshaki further 

ruled that the commissions due to Plaintiff through December 31, 2010 amounted to 

$147,239.09. Id. at p. 4. With regard to the SRCA, Mr. Esshaki held that Plaintiff was entitled 

to penalty damages of $100,000, and attorney fees of $70,000. Id. at pp. 5-6. Finally, Mr. 

Esshaki ruled that no costs would be awarded, but that Plaintiff was entitled to interest at the 

rate of 4% from the date of filing the original Complaint. Id. at p. 6. 

 After receiving Mr. Esshaki’s Final Award, Defendant provided timely notice that it 

would be appealing the award in accordance with the appeal provisions of the Arbitration 

Agreement. The parties then selected retired Wayne County Circuit Court Judge Pamela 

Harwood as the appeal arbitrator. Defendant submitted its appeal brief, Plaintiff filed its 

response, and a hearing was held on May 24, 2011. 

 On June 23, 2011, Judge Harwood issued her Arbitrator’s Opinion On Appeal. See 

Exhibit E. In her appeal opinion, Judge Harwood upheld all of Mr. Esshaki’s findings except 

for his finding that the commissions due to Plaintiff would not change in the event of price 

fluctuations from the end customer. Thirty days have passed since the issuance of the 

Arbitrator’s Opinion On Appeal, and Defendant has failed to satisfy the arbitration award. 

Accordingly, Plaintiff now seeks entry of a judgment confirming the arbitration award. 

Plaintiff’s proposed judgment is attached hereto as Exhibit F. 

Case 2:09-cv-11541-DPH-RSW ECF No. 17, PageID.59 Filed 07/27/11 Page 7 of 11
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LEGAL ARGUMENT

 Confirmation of arbitration awards is governed by 9 U.S.C. § 9, which provides as 

follows: 

§ 9. Award of arbitrators; confirmation; jurisdiction; 

procedure 

If the parties in their agreement have agreed that a judgment of the 

court shall be entered upon the award made pursuant to the 

arbitration, and shall specify the court, then at any time within one 

year after the award is made any party to the arbitration may apply 

to the court so specified for an order confirming the award, and 

thereupon the court must grant such an order unless the award is 

vacated, modified, or corrected as prescribed in sections 10 and 11 

of this title. If no court is specified in the agreement of the parties, 

then such application may be made to the United States court in 

and for the district within which such award was made. Notice of 

the application shall be served upon the adverse party, and 

thereupon the court shall have jurisdiction of such party as though 

he had appeared generally in the proceeding. If the adverse party 

is a resident of the district within which the award was made, such 

service shall be made upon the adverse party or his attorney as 

prescribed by law for service of notice of motion in an action in the 

same court. If the adverse party shall be a nonresident, then the 

notice of the application shall be served by the marshal of any 

district within which the adverse party may be found in like 

manner as other process of the court. 

 The relevant portions of the parties’ Arbitration Agreement concerning entry of 

judgment on the arbitration award are contained in § 5.3, which provides as follows: 

5.3 Finality of Award: Subject to the right to appeal as set 

forth in this Section, any award by the arbitrator (or the appeal 

arbitrator, if applicable) shall be final and conclusive upon the 

parties and a judgment may be entered in the Circuit Court or 

United States District Court having jurisdiction for the forum. 

After the entry of an arbitral award, either party shall have thirty 

(30) days after it receives notice of the award to fully comply with 

the award; a judgment may not be entered to enforce the award 

until the parties have had an opportunity to comply with the 

arbitral award according to this provision. 

Case 2:09-cv-11541-DPH-RSW ECF No. 17, PageID.60 Filed 07/27/11 Page 8 of 11
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5.3.1 Legal conclusions and other findings made by the hearing 

arbitrator as described above may be appealed to the appeal 

arbitrator, but only if notice of appeal is served by the 

appealing party on the opposing party within 30 days after 

the date of the decision of the hearing arbitrator is mailed to 

the parties. Service shall be deemed completed upon 

receipt of the notice of appeal by the opposing party. The 

hearing arbitrator’s award shall therefore not become final 

and binding until this period has lapsed without a notice of 

appeal being served. 

5.3.2 If a notice of appeal is filed, then the parties shall appoint 

an arbitrator in the same manner as described in Section II 

to serve as the appeal arbitrator. The appeal arbitrator may 

not take new evidence, but shall consider briefs and oral 

argument of counsel, as well as the written record of the 

hearing (if one exists). The standard of review shall be the 

same as if the matter were appealed to a Michigan appellate 

court. The appeal arbitrator shall render its decision and 

ruling in writing within 30 days of the close of oral 

arguments. The appeal arbitrator’s ruling shall be final and 

binding and subject to reversal only as allowed by the 

standards set forth in the Federal Arbitration Act. 

See Exhibit B. 

 At the present time, more than 30 days have passed since the arbitration award became 

final, and Defendant has not complied with the arbitration award. Accordingly, Plaintiff moves 

this honorable Court to enter a judgment confirming the arbitration award in the form attached 

hereto as Exhibit F. 

CONCLUSION

 For the reasons set forth above, Plaintiff respectfully requests this honorable Court to 

enter a judgment confirming the arbitration award in the form attached hereto as Exhibit F. 

Case 2:09-cv-11541-DPH-RSW ECF No. 17, PageID.61 Filed 07/27/11 Page 9 of 11
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 Respectfully submitted, 

 s/Kevin P. Albus 

 Randall J. Gillary, P.C. 

 201 W. Big Beaver Rd., Ste. 1020 

 Troy, MI 48084 

 (248) 528-0440 

 kalbus@gillarylaw.com 

 P53668 

Dated: July 27, 2011 

Case 2:09-cv-11541-DPH-RSW ECF No. 17, PageID.62 Filed 07/27/11 Page 10 of 11
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CERTIFICATE OF SERVICE

 I hereby certify that on July 27, 2011, I electronically filed the foregoing paper with the 

Clerk of the Court using the ECF system which will send notification of such filing to the 

following: 

Mark V. Heusel, Esq. 

Dickinson Wright PLLC 

301 E. Liberty St., Ste. 500 

Ann Arbor, MI 48104-2131 

(734) 623-1908 

mheusel@dickinsonwright.com 

 s/Kevin P. Albus 

 Randall J. Gillary, P.C. 

 201 W. Big Beaver Rd., Ste. 1020 

 Troy, MI 48084 

 (248) 528-0440 

 kalbus@gillarylaw.com 

 P53668 

Case 2:09-cv-11541-DPH-RSW ECF No. 17, PageID.63 Filed 07/27/11 Page 11 of 11