Local Eastern District Civil Rule 53.2(7) provides that following an arbitration award, upon demand for a trial de novo, the case shall be placed on the trial calendar of the court and treated for all purposes as if it had not been referred to arbitration. Local Rule 53.2(6) provides that in a case involving multiple claims and parties, any segregable part of the award for which a trial de novo has not been sought shall be part of final judgment as if it is a final judgment of the District Court in a civil action.
In Ramos v. Quien, 08-2952 (Memorandum Regarding Trial De Novo and Motions to Disqualify and Summary Judgment, June 20, 2011), there was a malpractice award in favor of the plaintiff, Ramos against Quien, one of the defendants. There was an award in favor of all other defendants. Quien, the defendant sought a trial de novo on his own liability, but not as to the other defendants. Ramos the plaintiff contended there should be a trial de novo against all defendants. Judge Baylson ruled that the Rule 53.2(6) provision of partial trial de novo on segregable parts applied only where there were multiple parties and multiple claims. Judge Baylson found there were only multiple parties, although the claims were based on different theories as to each defendant. Judge Baylson ruled the 28 U.S.C. § 657(c)(2) applied, which requires that the case proceed as if arbitration had not occurred. He also ruled Quien’s counsel could represent all defendants at the trial de novo.
Judge Baylson discussed at length the history of Local Rule 53.2 and favorably cited Peter Vaira’s book, Eastern District of Pennsylvania Federal Practice Rules Annotated, Gann Law Books, 2011 Edition.
