STEVEN WIERZBA V. E*TRADE FINANCIAL LLC, No. 10-16032 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 13 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT STEVEN WIERZBA, No. 10-16032 Plaintiff - Appellant, D.C. No. 3:09-cv-02883-JSW v. MEMORANDUM * E*TRADE FINANCIAL LLC, Defendant - Appellee. Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding Submitted March 6, 2012 ** Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges. Steven Wierzba appeals pro se from the district court s judgment denying his motion to vacate an arbitration award entered against him and granting E*Trade Financial LLC s motion to confirm the award. We have jurisdiction under 28 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. § 1291. We review de novo the district court s denial of a motion to vacate an arbitration award. Collins v. D.R. Horton, Inc., 505 F.3d 874, 879 (9th Cir. 2007). We affirm. The district court properly denied Wierzba s motion to vacate the arbitration award after concluding that Wierzba s allegations of arbitrator incompetence, and his disagreements with the arbitration process and result, failed to demonstrate any of the statutory grounds for vacating the award. See 9 U.S.C. § 10; Kyocera Corp. v. Prudential-Bache Trade Servs., Inc., 341 F.3d 987, 997-98 (9th Cir. 2003) (en banc) ( [T]he Federal Arbitration Act allows a federal court . . . to vacate an award that evidences affirmative misconduct in the arbitral process or the final result or that is completely irrational or exhibits a manifest disregard for the law. ); see also 9 U.S.C. §9 (a court must confirm the arbitration award unless it is vacated, modified, or corrected ). Contrary to Wierzba s contention, the record reflects that there was a signed agreement between the parties to arbitrate their dispute. We grant E*Trade Financial LLC s motion to strike those portions of Wierzba s excerpts of record that do not appear in the district court record. See 9th Cir. R. 30-2(a). 2 10-16032 We deny Wierzba s motion for hearing and motion to supplement the record. AFFIRMED. 3 10-16032

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