Williams v. County of Cook

CourtDistrict Court, N.D. Illinois
DecidedMarch 5, 2021
Docket1:20-cv-00759
StatusUnknown

This text of Williams v. County of Cook (Williams v. County of Cook) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. County of Cook, (N.D. Ill. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

) DAMON CHARLES WILLIAMS, ) Solomon Flowers Estate, )

) No. 20 C 759 Petitioner, )

) Judge Virginia M. Kendall v. )

) COUNTY OF COOK, et al., ) Respondents. )

MEMORANDUM OPINION AND ORDER Before the Court is Respondents’ Motion to Dismiss Petitioner Damon Charles William’s Complaint. [Dkt. 26] although it is better treated as a Motion to Deny Confirmation and Motion to Vacate an arbitration award. Williams, who is proceeding pro se, filed a Complaint on February 4, 2020, which sought to confirm an arbitration award. Respondents’ seek to deny confirmation of and vacate the purported arbitration award. The Court grants Respondents’ Motion for the following reasons. BACKGROUND Williams filed his Motion for Confirmation of his purported arbitration award on February 4, 2020. (Dkt. 1). Williams claims to be the fiduciary of the estate of Solomon Flowers and attached IRS Form 56 “Notice Concerning Fiduciary Relationship” as Exhibit A. (Dkt. 1, p. 1, ¶ 1; Dkt. 1 at 3–4). Williams alleges an arbitration award was issued on May 5, 2019 by Non- Public Arbitrator Matthew Zander in Comal County, Texas, and attached the award as Exhibit B. (Id. ¶ 2; Dkt. 1 at 6–10). The arbitration award purports to award Williams $500,000 and allows him to recover ten times this amount in punitive damages. (Dkt. 1 at 3). The alleged arbitration agreement involved Williams and Joseph Berrios, on behalf of Cook County. (Id. ¶ 2). Williams claims he attached the alleged arbitration agreement as Exhibit C, which are documents concerning a delinquent tax statement for private property associated with the estate of Solomon Flowers and are dated September 16, 2018. (Id. 11–20). The Court notes Exhibit C does not contain anything

even approaching an arbitration agreement or binding contract to arbitrate in Comal County, Texas and instead appears to be a series of one-sided letters, self-styled as “notices” from Williams addressed to Berrios. LEGAL STANDARD Section 2 of the Federal Arbitration Act (“FAA”) “reflect[s] both a ‘liberal federal policy favoring arbitration’ and the ‘fundamental principle that arbitration is a matter of contract.’” A.D. v. Credit One Bank, 885 F.3d 1054, 1060 (7th Cir. 2018) (citations omitted). It requires federal

courts to “place arbitration agreements on an equal footing with other contracts and enforce them according to their terms” and encompasses three bedrock principles. Id. (citation omitted). “First, the Federal Arbitration Act evinces a ‘national policy favoring arbitration.’ Second, an arbitration agreement generally cannot bind a non-signatory. Finally, arbitration agreements generally are enforceable against non-signatories only in a handful of limited circumstances, depending on the applicable state law. These limited exceptions are: (1) assumption, (2) agency, (3) estoppel, (4) veil piercing, and (5) incorporation by reference.” Id. at 1060 (citations omitted). Because arbitration agreements are contracts, a “party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.” Id. (citations omitted).

The Court must first determine whether a valid arbitration agreement exists, which is generally a question for the Court and not an arbitrator. Bigger v. Facebook, Inc., 947 F.3d 1043, 1051 (7th Cir. 2020) (citing Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407, 1416–17 (2019) for the presumption that judges are authorized “to resolve certain gateway questions, such as whether the parties have a valid arbitration agreement at all or whether a concededly binding arbitration clause applies to a certain type of controversy”); see also AT & T Tech., Inc. v. Communication Workers, 475 U.S. 643, 649–50 (1986). Arbitration agreements are evaluated under the same standards as

any other contract and their existence is determined under the principles of state contract law. See Tinder v. Pinkerton Security, 305 F.3d 728, 733 (7th Cir. 2002); Gibson v. Neighborhood Health Clinics, Inc., 121 F.3d 1126, 1130 (7th Cir. 1997). DISCUSSION I. The FAA Does Not Apply A party moving to compel arbitration pursuant to the FAA must demonstrate: (1) the existence of a written agreement to arbitrate, (2) a dispute within the scope of the arbitration

agreement, and (3) a refusal to arbitrate by another party. See Zurich Am. Ins. Co. v. Watts Indus., Inc., 417 F.3d 682, 687 (7th Cir. 2005). Yet, “[i]f there is no contract there is to be no forced arbitration.” Gibson, 121 F.3d at 1130 (citation omitted). The parties dispute whether a valid, binding contract exists. When, as here, a case concerns the application of the FAA, the Illinois Supreme Court has “base[d] [its] analysis upon principles of fundamental contract law” to determine the formation of an agreement. Melena v. Anheuser- Busch, Inc., 847 N.E.2d 99, 103, 107 (Ill. 2006). The court “appl[ies] general contract doctrines” because “that approach is more faithful to the [act].” Id. at 107–08. Illinois law “requires only a manifestation of mutual assent on the part of two or more persons.” Gupta v. Morgan Stanley

Smith Barney, LLC, 934 F.3d 705, 712 (7th Cir. 2019) (citing Zabinsky v. Gelber Grp., Inc., 807 N.E.2d 666, 671 (Ill. App. Ct. 2004)). The three basic elements of a contract are an offer, an acceptance and consideration. Gupta, 934 F.3d at 712 (citing Melena, 847 N.E.2d at 109). Illinois courts evaluate contract formation under an objective theory. Sgouros v. TransUnion Corp., 817 F.3d 1029, 1034 (7th Cir. 2016) (citing Illinois law) (citations omitted); Vill. of S. Elgin v. Waste Mgmt. of Illinois, Inc., 810 N.E.2d 658, 670 (Ill. App. Ct. 2004) (“‘Intent’ refers to the objective manifestations of intent in the words of the contract and the actions of the parties…”).

Petitioner failed to meet his burden of demonstrating the existence of a binding arbitration agreement. The documents he attached are merely one-sided letters from Williams to the County Assessor; there is nothing even vaguely approaching the semblance of an arbitration agreement. Further, in his September 16, 2018, letter, Petitioner requested “evidence of a mutual agreement between the Estate of Solomon Flowers and Cook County” because “our files do not contain any evidence of a mutual agreement.” (Dkt. 1 at 12). There is no indication that the County Assessor’s office ever agreed to be bound by an arbitration agreement with Williams, and the fact that Williams requested Cook County to supply this evidence suggests its illegitimacy. Under Illinois law, absent a prior course of dealing, silence accompanied by inaction is insufficient to constitute acceptance. Regan, et. al. v. AT & T Corp., 824 N.E.2d 1183, 1188 (Ill. Ct. App. 2005). But there

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Williams v. County of Cook, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-county-of-cook-ilnd-2021.