Olsen

Olsen v. United States ex rel. Federal Crop Insurance

Good Law
334 F. App'x 834
United States Court of Appeals for the Ninth CircuitJune 10, 2009No. 08-35228California668 words

Opinion

Lead Opinion

MEMORANDUM *

Lynn Olsen and Carr Farms, LLC (“Olsen and Carr”) appeal the district court’s grant of summary judgment to the United States in their action to enforce their respective arbitration awards against the Federal Crop Insurance Corporation (“FCIC”). On cross-motions for summary judgment, the district court granted sum *835 mary judgment in favor of the United States and vacated the arbitration awards. The district court had jurisdiction to consider the government’s motion to vacate the awards pursuant to 28 U.S.C. § 1331 and 7 U.S.C. §' 1506(d), cf. United States v. Park Place Assocs., Ltd., 563 F.3d 907, 919-20 (9th Cir.2009), and we have jurisdiction to review the district court’s final order under 28 U.S.C. § 1291 . 1 We review the grant of summary judgment de novo, see Lukovsky v. City & County of San Francisco, 535 F.3d 1044, 1047-48 (9th Cir.2008), and we affirm.

“It is axiomatic that ‘[arbitration is a matter of contract and a party cannot be required to submit any dispute which he has not agreed so to submit.’ ” Sanford v. Memberworks, Inc., 483 F.3d 956, 962 (9th Cir.2007) (alteration in original) (quoting AT & T Techs., Inc. v. Commc’ns Workers of Am., 475 U.S.…

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