Mid-Castle Development Limited v. Liqueous LP et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION
CASE NO. 24-20511-CIV-BECERRA/HUNT
MID-CASTLE DEVELOPMENT
LIMITED,
Plaintiff,
v.
LIQUEOUS LP and JACOB FERNANE,
Defendants.
________/
REPORT AND RECOMMENDATION
THIS MATTER comes before the Court on Plaintiff Mid-Castle Development
Limited’s (“Plaintiff”) Motion to Confirm Arbitration Award and for Entry of Final Judgment
(“Motion”), brought pursuant to Section 9 of the Federal Arbitration Act, 9 U.S.C. § 9. ECF
No. 99. 	The Honorable Jacqueline Becerra, United States District Judge, referred the
Motion to the undersigned United States Magistrate Judge for appropriate disposition.
ECF No. 101; see also 28 U.S.C. § 636(b); S.D. Fla. L.R., Mag. R. 1. The undersigned,
having reviewed the Motion, the Arbitration Award, the record, and being otherwise fully
advised in the premises, RECOMMENDS that the Motion be GRANTED.
Plaintiff and Defendants Liqueous LP and Jacob Fernane arbitrated the underlying
claims in August and September 2025.1 See ECF No. 99 at 2–3. On November 5, 2025,
Arbitrator James D. Sallah issued a decision concluding that “the [Defendants] are jointly
and severally liable to [Plaintiff] in the amount of $8,855,694,” and “[t]o the extent that the
1 In a joint filing, the parties agreed that this Court shall retain jurisdiction to enforce any
arbitration award. ECF No. 92. The Court stayed the action pending arbitration, allowing
leave to file a motion to reopen the case after arbitration concluded. ECF No. 93.
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Final Award is not paid within thirty (30) days, it shall accrue post-judgment interest at the
rate of .0236986% per day (or 8.65% per annum).” ECF No. 99-1 at 7.
The Federal Arbitration Act expressly provides that a court must grant a motion to
confirm an arbitration award “unless the award is vacated, modified, or corrected as
prescribed in sections 10 and 11 of this title.” 	9 U.S.C. § 9. 	The statute “unequivocally
tells courts to grant confirmation in all cases, except when one of the ‘prescribed’
exceptions applies.” Hall St. Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576, 587 (2008).
None of those exceptions apply. See 9 U.S.C. §§ 10–11. Additionally, Defendants have
defaulted by not responding to the Motion. See S.D. Fla. L.R. 7.1(c)(1).
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RECOMMENDATION
Based on the foregoing, it is hereby RECOMMENDED that Plaintiff’s Motion to
Confirm Arbitration Award and for Entry of Final Judgment, ECF No. 99, be GRANTED
and the Arbitration Award be CONFIRMED. The Court should award damages to Plaintiff
in the amount of $8,855,694, plus post-judgment interest at the rate of 0.0236986% per
day (or 8.65% per annum) if the Final Award was not paid within thirty (30) days. 	The
Clerk should enter a final judgment against Defendants in favor of Plaintiff consistent with
the Arbitration Award.
Within fourteen (14) days after being served with a copy of this Report and
Recommendation, any party may serve and file written objections to any of the above
findings and recommendations as provided by the Local Rules for this district. 28 U.S.C.
§ 636(b)(1); S.D. Fla. Mag. R. 4(b). The parties are hereby notified that a failure to timely
object waives the right to challenge on appeal the District Court’s order based on
unobjected-to 	factual 	and 	legal 	conclusions 	contained 	in 	this 	Report 	and
Recommendation. 11th Cir. R. 3–1 (2018); see Thomas v. Arn, 474 U.S. 140 (1985).
DONE and SUBMITTED in Chambers at Fort Lauderdale, Florida, on the 9th day
of February 2026.
PATRICK M. HUNT
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
The Honorable Jacqueline Becerra
All counsel of record
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