Levi Strauss & Co. v. Aqua Dynamics Systems, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LEVI STRAUSS & CO., Case No. 15-cv-04718-WHO
Plaintiff,
ORDER GRANTING MOTION TO
v. CONFIRM, DENYING MOTION TO
VACATE
AQUA DYNAMICS SYSTEMS, INC., Re: Dkt. Nos. 101, 108, 116 Defendant.
Levi Strauss & Co (“LS&Co.”) moves to confirm an arbitration award against defendant Aqua Dynamic Systems, Inc. (“Aqua”), secured through an arbitration before three panelists at JAMS. Aqua opposes and moves to vacate that award, arguing that under Monster Energy Co. v. City Beverages, LLC, 940 F.3d 1130 (9th Cir. 2019), cert. denied, No. 19-1333, 2020 WL 3492685 (U.S. June 29, 2020) (“Monster Energy”), because two of the JAMS arbitrators were undisclosed shareholders in JAMS and because JAMS engaged in undisclosed non-trivial business dealings with LS&Co. before the arbitration here, the arbitrators had “evident partiality” and the award should be vacated. As explained below, Monster Energy does not require vacatur of the arbitration award. …