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Case 1:12-cv-03485-TPG Document 9 Filed 10/11/12 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

STREAM INTERNATIONAL GLOBAL
SERVICES PHILIPPINES, INC.,

Petitioner,

Case No. 12 CIV 3485 (TPG)

v.

PEEK, INC.,

Respondent.

MOTION TO ENTER JUDGMENT CONFIRMING ARBITRATION AWARD

Petitioner Stream International Global Services Philippines, Inc. ("Stream") hereby

moves that this Court enter a judgment confirming an arbitration award, rendered on August 5,

2011 by a duly appointed arbitrator from the International Centre for Dispute Resolution of the

American Arbitration Association ("Award"), in Stream's favor and against respondent Peek,

Inc. ("Peek"). As grounds for this motion, Stream states as follows:

1. On or about January 27, 2011, pursuant to a contractual arbitration clause, Stream

filed a demand for arbitration seeking damages, interest, attorney's fees, and arbitration costs

arising from Peek's failure to pay for services rendered to it by Stream.

2. On August 5, 2011, the arbitrator issued the Award to Stream in the amount of

$255,229.48 in damages, interest, attorney's fees, and costs, with interest on the damages portion

of the A ward continuing to accrue at the contractual rate of eighteen percent per annum from

July 1, 2011 to the date of payment.

nydocs 1-996356.2

Case 1:12-cv-03485-TPG Document 9 Filed 10/11/12 Page 2 of 3

3. Peek did not pay the Award. Accordingly, on May 2, 2012, Stream filed a Petition to

Confirm Arbitration Award and supporting materials in this Court; on May 8, 2012, Stream filed

the Declaration of Leonard G. Learner in Support of Petition to Confirm Arbitration A ward

("Learner Declaration").

4. On June 1, 2012, Stream served upon Peek its Petition to Confirm Arbitration Award,

Notice of Petition to Confirm Arbitration Award, Disclosure Statement Pursuant to Fed.R.Civ.P

7.1, and Civil Action Cover Sheet. On June 7, 2012, Stream served upon Peek the Leamer

Declaration, which had been omitted inadvertently from the materials served upon Peek on June

1, 2012.

5. Peek has failed and refused to file any response of any kind to the materials served

upon it on June 1 and 7, 2012. Moreover, Peek has not communicated with Stream or its counsel

to request any enlargement of time or other accommodation to enable it to prepare and file any

response to the pending petition.

6. Where, as here, a respondent fails to answer a petition to confirm an arbitration award,

the pending petition will be treated by this Court as akin to an unopposed motion for summary

judgment based upon the petitioner's submissions. See D.H Blair & Co., Inc. v. Gottdiener, 462

F.3d 95, 109-10 (2d Cir. 2006). Based upon the uncontroverted arbitration record before this

Court, there is no genuine issue of material fact and the Award in Stream's favor should be

confirmed and enforced as a matter of law.

As further grounds for this motion, Stream respectfully refers the Court to its Petition to

Confirm Arbitration Award and Notice ofPetition to Confirm Arbitration Award (both filed in

this Court on May 2, 2012), the Leamer Declaration (filed in this Court on May 8, 2012), and the

accompanying memorandum of law and Declaration of Matthew F. Putorti, filed herewith.

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Case 1:12-cv-03485-TPG Document 9 Filed 10/11/12 Page 3 of 3

WHEREFORE, petitioner Stream respectfully requests that this Court, pursuant to 9

U.S.C. § 207, enter a judgment:

1. Confirming the August 5, 2011 Award in Stream's favor and against Peek;

2. Awarding Stream its damages, attorney's fees, and costs in conformity with the

Award, including but not limited to the amount of contractual interest awarded in Paragraph A

thereof, made current to the date ofthis Court's judgment and continuing until the date of

satisfaction of the judgment;

3. Awarding Stream its costs and attorneys' fees incurred in bringing this Petition; and

4. Granting such other and further relief as this Court deems just and proper.

Respectfully submitted,

N KILL & Oyl~K, P.C.

0'~

M. O'Connor

C-1298)

1 1 A venue of the Americas
New York, NY 10020-1182
(212) 278-1000
Attorneys for Petitioner Stream
International Global Services Philippines,
Inc.

AND

Leonard G. Leamer, Esq.
Law Offices of Leonard G. Leamer
40 Beverly Road
Wellesley, MA 02481
(781) 237-2060
Co-counsel for Petitioner Stream
International Global Services Philippines,
Inc.

By:

Dated: October 9, 2012

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