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Goulds Pumps, Inc. v. DXP Enterprises, Inc.

United States District Court, S.D. New York

July 18, 2017

GOULDS PUMPS, INC., Petitioner
v.
DXP ENTERPRISES, INC., Respondent.

          Peter Neil Wang Foley & Lardner, LLP New York, New York Counsel for Petitioner

          Alistair B. Dawson Beck Redden LLP Houston, Texas Counsel for Respondent

          MEMORANDUM & OPINION

          VERNON S. BRODERICK, United States District Judge

         Petitioner Goulds Pumps, Inc. (“Petitioner” or “Goulds”) commenced this action against Respondent DXP Enterprises, Inc. (“Respondent” or “DXP”) to confirm the September 17, 2015 arbitration award (“Arbitration Award”)[1] and enter judgment in Goulds' favor under Section 9 of the Federal Arbitration Act, 9 U.S.C § 1 et seq. (“FAA”). (See Doc. 1.) For the reasons that follow, Goulds' petition to confirm the Arbitration Award is GRANTED.

         I. BACKGROUND

         A. Procedural Background

         On September 18, 2015, Goulds commenced this action by filing its petition to confirm the Arbitration Award, (Doc. 1) (“Petition”), together with its Memorandum of Law in Support of the Petition, (Doc. 5) (“Goulds' Mem.”), and the Declaration of Jesse Beringer in Support of the Petition, (Doc. 4) (“Beringer Decl.”). As set forth in my Order, dated September 22, 2015, I directed: (i) Goulds to submit any additional materials in support of its Petition by October 20, 2015 and serve DXP with the Petition, memorandum of law, and declaration in support, and (ii) DXP to submit its opposition to the Petition, if any, by November 17, 2015. (Doc. 6)

         In accordance with my September 22 Order, Goulds submitted the Supplemental Declaration of Jesse Beringer in Support of the Petition, dated October 20, 2015, (Doc. 11) (“Suppl. Beringer Decl”), and DXP submitted its Response to the Petition, dated November 17, 2015, (Doc. 15) (“DXP's Resp”), along with the Declaration of Alistair Dawson in Support of the Response, (Doc. 15-1) (“Dawson Decl”).

         B. Factual Background

         The following facts are taken from the parties' submissions, including the Petition, (Doc. 1), Goulds' memorandum of law and declaration in support of the Petition, (Docs. 4, 5), Goulds' supplemental declaration in support of the Petition, (Doc. 11), and DXP's response to the Petition and its declaration in support of that response, (Docs. 15, 15-1). The parties do not dispute any of the facts set forth in their respective submissions and are in agreement that the Arbitration Award should be confirmed.[2]

         1. The Parties

         Goulds is a Delaware corporation with its principal place of business in Seneca Falls, New York. (Petition ¶ 3.) Goulds manufactures a wide variety of industrial pumps, which it sells to customers in the oil and gas, mining, power generation, chemical, pulp and paper, and general markets. (Id.) Goulds is a wholly owned subsidiary of ITT Corporation, an Indiana corporation with its principal place of business in White Plains, New York, that is traded on the New York Stock Exchange. (Id.)

         DXP is a Texas corporation with its principal place of business in Houston, Texas. (Id. ¶ 4.) DXP is an international distribution management company that provides products and services to a variety of industries, including oil and gas, general manufacturing, chemical, transportation, food and beverage, mining, agriculture, and construction. (Id.) DXP sells Goulds' pumps, parts, and related products, in addition to the products of over twenty-five other manufacturers. (Id.) DXP is a publicly traded company, and is traded on the NASDAQ Stock Market. (Id.)

         2. The Distribution Agreement and Dispute ...


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