EXHIBIT 

AMERICAN ARBITRATION ASSOCIATION

COMMERCIAL ARBITRATION TRIBUNAL

 

In the Matter of Arbitration Between:

DONALD J. TRUMP OR PRESIDENT, i Case N0. 01-1 1000743454
INC. 1

CLAIMANT

v.
JESSICA DENSON,

RESPONDENT

FINAL AWARD

I, the Undersigned Arbitrator, having been designated in accordance with the
agreement entered into by the above named parties, and having been duly sworn, and
having duly heard the proofs and allegations of the Parties, and having previously rendered
an Interim Award dated October 19, 2018 do hereby, AWARD, as follows:

Procedural History

By Partial Award dated October 19, 2618, I awarded Claimant, represented by LaRocca
Homik Rosen Greenberg Blaha, LLP, the sum of $24,808.20 for legal fees incurred in
defending an action brought by Respondent, self-represented, in the U. S. District Court
for the Southern District of New York (the ?Federal Action?). The Partial Award also
granted Claimant an award of attorney?s fees and costs incurred in this arbitration in an
amount to be determined by the undersigned upon a separate application by Claimant.
Claimant has new submitted an application for attorneys? fees and costs in this arbitration
as well as a request for a supplemental award for attorneys? fees incurred in the Federal
Action after July 23, 2018, and legal fees it expects to incur in connection with ?ling a
petition in federal court to con?rm the final award in this arbitration. Respondent?s
response to the application for attorneys? fees was due by November 28, 2018. Respondent
has not submitted a substantive response to Claimant?s application for attorneys? fees and
eosrs.

By letter to the undersigned dated November 27, 2018 Maury B. Josephson, Esq., on

I

behalf of Respondent, requested a stay of further proceedings in this arbitration pending
the outcome of an action be commenced on behalf of Respondent in New York State
Supreme Court, New York County (the ?State Action?). In the State Action Respondent
requested a preliminary injunction staying all further proceedings in this arbitration. On
November 29, 2018, Hon. Arlene P. Bluth, J.S.C., denied Respondent?s request for a
preliminary injunction staying proceedings in this arbitration.

Attorney Josephson has not appeared generally for Respondent in this arbitration. Rather,
he has limited his appearance to notifying me of the State Action and requesting that I stay
all further proceedings in this Arbitration. The request for a stay in this Arbitration is
denied.

DISCUSSION

In determining the amount to be awarded to Claimant as reasonable attorneys? fees I have
reviewed the contemporaneous time records submitted and accept them as accurately
stating the time spent on this arbitration. I also ?nd that the time spent was reasonable
under the circumstances of this arbitration and that the rates charged are commensurate
with those generally charged in New York City, where Claimant?s attorneys have their
of?ces. An adjustment in the total amount claimed is required by the fact that Claimant did
not prevail on all claims. The amount requested for attorneys? fees, totaling $23,866.20
will be reduced by 15 to re?ect the fact that fewer attorney hours would have been
required had the claims been limited to those on which Claimant was ultimately successful.

AWARD

Claimant is granted a supplemental award of attorneys? fees and costs incurred or to be
incurred in the Federal Action subsequent to July 23, 2018 in the amount of $4,291.85.

Claimant is granted an award in the amount as reasonable attorneys? fees
in this arbitration, together with expenses in the amount of $121.32, for a total of
$20,407.59.

The administrative fees of the American Arbitration Association totaling $2,950.00 and
the compensation of the arbitrator totaling $3,050.00 shall be borne as incurred. These
fees are not subject to reallocation by the arbitrator. (See footnote, Commercial
Arbitration Rules, p. 10)

This Final Award, including amounts awarded in the Partial Award, shall accrue interest
from the date hereof at 9% per annum.

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The parties are reminded that all documents and proceedings in this arbitration are
con?dential pursuant to rules.

This Award is in full settlement of all claims submitted to this Arbitration. All claims not
expressly granted herein are hereby denied.

 
  
  

  

 

Dated: December 1 l? 2018, 2013 

 
    

  



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