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Case 2:12-cv-00707-TJS Docum ent 1 Filed 02/09/12 Page 1 of 6

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA

ACE AMERICAN INSURANCE COMPANYPetitioner,

v.PANORAM A TO WE RS, II , LLC

Respondent.

CIVIL ACTION NO .Petition to Confirm Arbitration Award(9US.C.9)

Petitioner, ACE American Insurance Company, a Pennsylvania corporation ("ACE" or"Petitioner), for its petition to confirm arbitration award against Respondent, P anorama T owers,II , LL C, avers as follows:

THE PARTIES1. AC E is a corpo ration organized under the laws of the state of Pennsy lvania, with

its principal place of business in Philadelphia, Pennsylvania.2. ACE is informed and believes that Respondent Panorama T owers, II, LLC

("Panorama") is an limited liability comp any, organized under the laws of the State of Nevada.At all times relevant hereto, Panorama w as conducting business within Clark County, Nevada.

JURISDICTION AND VENUE3. This C ourt has jurisdiction pursuant to 28 U .S.C.A. 1332 (a), as ACE is a

citizen of the State of Pennsylvania.4. ACE is informed and believes, and thereon alleges, that Panorama is a citizen of

the State of Nevada, and the amou nt in controversy in this matter exceeds $75,000.

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Case 2:12-cv-00707-TJS Document 1 Filed 02/09/12 Page 2 of 6

5. Venue is proper in this District pursuant to the Federal Arbitration Act, 9U.S.C.A. 9, because it is the District in which the arbitration award was made.

6. Respondent Panorama is subject to the personal jurisdiction of this Court underthe Federal Rule of Civil Procedure Ru le 4(e).

ARBITRATION AWARD7. In 2004, Panoram a was developing a condom inium tower in Las Vegas, Nevada.8. In connection with the condominium tower development, and at the request of

Panorama, A CE offered to Panoram a a contract entitled "Funded Multi-Line Deductible

Program " (the "Contract"), which Panorama accepted. A copy of the signed Contract is attachedhereto as Exhibit 1.

9. The Contract set forth that ACE wou ld prov ide for the benefit of Panoram acertain policies of insurance, including a general liability po licy of insurance and a wo rkers'compensation policy of insurance covering certain periods.

10. Pursuant to the C ontract, ACE sent invoices to Panorama in January 2010, whichreflected an outstanding balance due ACE for the insurance policies of $145,687.00.

11 . Panoram a did not pay the invoices sent by ACE .12. The C ontract provided that any disputes between the parties arising under the

Contract were to be subm itted to b inding arbitration, and a judgm ent up on any award issued by apanel of arbitrators was to be entered by any court to com petent jurisdiction.

13 . On May 24, 2010, ACE sent Panorama a "Demand for Arbitration" in accordancewith A rticle IV, S ection 5 of the Co ntract.

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Case 2:12-cv-00707-TJS Docum ent 1 Filed 02/09/12 Page 3 of 6

14. A panel of the three arbitrators was appointed pursuant to the terms of theContract to preside over the arbitration proceeding arising from A CE 's dem and to arbitrate itsdisputes with Panorama.

15. Despite many attempts to solicit Pan oram a's participation in the arbitrationproceedings, Panorama failed to respond to A CE 's demand for arbitration.

16. An Arbitration hearing was conducted on June 1, 2011, where the arbitratorsconsidered the w ritten eviden ce, the testimony presented by certain witnesses, and anysubmissions by any party present at the hearing.

17. On August 22, 2011, the arbitrators appointed to hear the dispute issued a "FinalOrder" (the "A ward") in favor of A CE, a true and correct copy of which is attached hereto asExhibit 2.

18. The Award stated that the arbitrators heard the testimony of the witnessespresented by on behalf of ACE, and memorialized in the Award that such witnesses testified tothe following:

(a) Panorama has previously paid all amounts due and owing under theContract prior to January, 2010;(b) Panoram a never challenged the amoun t due to AC E on the outstandingbalance under the Contract; and,(c) Pano ram a never provided a substantive explana tion for its failure to paythe outstanding balance due to ACE under the Contract.19. The Award ordered Panorama to pay ACE the amount of $145,687.00 as damages

due to the breach of Co ntract by Panoram a, plus interest of $37,150.19 (at the rate of 1.5% permo nth since the breach on January 21, 2010), plus attorneys fees of $9,359.35 which AC Eincurred as a consequence of having to un dertake the arbitration proceeding.

20. Panorama has failed to voluntarily satisfy the Award in the time since it wasissued, despite demand therefore being m ade by Panorama.

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21. This petition is authorized by the terms of the Contract, and 9 of the FederalArbitration Act.

22. This petition is timely under 9 of the Federal Arbitration Act as it is filed withinone year after the Award was made.

WH EREFO RE, AC E prays for relief as follows:1. That the Court issue an order confirming the Award , as authorized by 9 of the

Federal Arbitration Act;2. That the Court enter judgm ent in favor of the Act that conforms to the Award;3. That ACE be awarded its attorneys fees and costs in pursuing this action, due to

the failure of Panorama to satisfy the Award;4. That ACE be awarded its attorneys fees and costs in enforcing the judgm ententered by this Court; and

5. That the Court issue such other and further relief/orders as the Court deems justand proper under the circumstances.

Dated this S day of February, 2012.Respectfully submitted,MA RKS, O'NEILL, O'BRIEN& COURTNEY, P.C.

^ ^ - i c C C l i a m b , E s q . t P j M B a r N o . 70817)Zachary R. Magid, Esq. (Pa. Bar No. 205834)Marks, O'Neill, O'Brien & Courtney, P.C.1800J.F.K. Blvd., Suite 1900Philadelphia, PA 19103(215)564-6688Attorneys for Petitioner,ACE American Insurance Company

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Case 2:12-cv-00707-TJS Document 1 Filed 02/09/12 Page 5 of 6

VERIFICATIONSTATE OF PENNSYLVANIACOUNTY OF PHILADELPHIA

Robert M Turin, being first duly sworn, deposes and states:That he is the Assistant General Counsel of Petitioner ACE American Insurance

Company, Petitioner in the above-captioned action; that he has read the foregoing Petition andknows that contents thereof, and the same are true and correct, except for those matters allegedupon information and belief, and as to those matters, he believes them to be true,

Robert M. Turin

SUBSCRIBED AND SWORN to before methi s #$ P^ day of January, 2012.c

.ry Public in and for said LJNotaryCounty and StateC O M M O N W E A L T H O F P E N N S Y L V A N I A

NOTARIAL SEALPAMEL A L . M AR TIN, Notary PublicCity of Philadelphia, Phila. CountyM y Commission Exp ires September 1,2014

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Case 2:12-cv-00707-TJS Document 1 Filed 02/09/12 Page 6 of 6

CERTIFICATE OF SERVICEI hereby certify that on February 9, 2012, a true and correct copy of the Complaint of

Petitioner Ace American Insurance Company was served on the following counsel of record andinterested parties by hand-delivery and/or certified U.S. mail.

Panorama Towers II, LLC423 0 S. Decatur Blvd, Suite 200Las Vegas, NV 89103or

c/o Randon Hanson, Registered A gent4471 Dean Martin Drive #3604Las Vegas, NV 89103

Mn.By: Patricjf C. Lam b, Esq. (Pa. BarNoT70ST7)Zachary R. M agid, Esq. (Pa. Bar N o. 205834)Marks, O'Neill, O'Brien & Courtney, P.C.

1800J.F.K. Blvd., Suite 1900Philadelphia, PA 19103(215)564-6688Attorneys for Petitioner,Ace American Insurance Company

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Case 2:12-cv-00707-TJS Document 1-1 Filed 02/09/12 Page 1 of 1) 44 (Rev. 12/07) CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, excep t as provby local rules of court. This form, approved by the Judicial Con ference of the United States in Septemb er 1974, is required for the use of the Clerk o f Court for the purpose of initiath e civil doc ket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)(a) PL A IN TI FF S^ f l^COn ^ ^ 0 0 ^ ^ ,( b ) County of Residence of First Listed Plaintiff W U I C ^ J I M 0 Y l l d .

(EXCEPT IN U.S. PLAINTIFF CASES)

I.

(c ) At torn ey's (Finn Name, Address, and Telephone Number) *- _ lOdcWiift

DEFENDANTS ^ 0 ^ X 0 ^ 0 T O U ^ f S , J I , L-LCounty of Residence of First Listed Defendant

(IN U.S. PLAINTIFF CASES ONLY)NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

LAND INVOLVED.Attorneys (If Known)

I I . B A S I S O F J U R I S D I C T I O N (Plaee an "X" in One Box Only)D I U.S. GovernmentPlaintiff

G 2 U.S. GovernmentDefendant

O 3 Federal Question(U.S. Government Not a Party)

$f 4 Diversity(Indicate Citizenship of Parties in Item III)

I I I . C I T I Z E N S H I P O F P R I N C I P A L PARTIESfP lace an X"in One Box for Plai(For Diversity Cases Only) and One Box for Defendant)PTF DEF PTF DEFCitizen of This State O I D 1 Incorporated or Principal Place ?a 4 D 4of Business In This StateCitizen of Another State G 2 0 2 Incorporated an d Principal Place O 5 ^of Business In Another StateCitizen or Subject of aForeign Country 0 3 O 3 Foreign Nation a 6 a 6

I V . NAT UR E OF S U I T1 CONTRACTO 110 InsuranceO 120 MarineO 130 Miller ActO 140 Negotiable Instrument& 150 Recovery of Overpayment& Enforcement of JudgmentD 151 Medicare ActO 152 Recovery of DefaultedStudent Loans(Excl. V eterans)O 153 Recovery of Overpaymentof Veteran's BenefitsO 160 Stockholders' Suitsa 190 Other ContractO 195 Contract Product Liability 196 Franchise1 REAL PROPERTYO 210 Land CondemnationO 220 ForeclosureD 230 Rent Lease & EjectmentO 240 Torts to LandD 245 Tort Product LiabilityO 290 All Other Real Property

(Place an "X" in One Box Only)TORTSaaa

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PERSONAL INJURY310 Airplane315 Airplane ProductLiability320 Assault, Libel &Slander330 Federal Employers'Liability340 Marine345 M arine ProductLiability350 Motor V ehicle355 M otor VehicleProduct Liability360 Other PersonalInjuryCIVIL RIGHTSaaaaaaa

441 Voting442 Employment443 Housing/Accommodations444 Welfare445 Amer. w/Disabilities -Employment446 Amer. w/Disabilities -Other440 Other Civil Rights

PERSONAL INJURYO 362 Personal Injury -Med. Malpractice 365 Personal Injury -Product LiabilityO 368 Asbestos PersonalInjury ProductLiabilityPERSONAL PROPERTYD 370 Other FraudO 371 Truth in Lending 380 Other PersonalProperty DamageG 385 Property DamageProduct LiabilityPRISONER PETITIONS

O 510 Motions to VacateSentenceHabeas Corpus:O 530 GeneralD 535 Death PenaltyD 540 Mandamus & OtherO 550 Civil RightsD 555 Prison Condition

FORFEITURE/PENA LTVO 610 AgricultureO 620 Other Food & DragD 625 Drug Related Seizureof Property 21 USC 881O 630 Liquor Lawsa 640 R.R. & Truck 650 Airline Regs.G 660 OccupationalSafely/HealthO 690 OtherLABORG 710 Fair Labor StandardsActO 720 Labor/Mgmt. Relations 730 Labor/Mgmt.Reporting& D isclosure ActO 740 Railway Labor ActO 790 Other Labor LitigationO 791 Empl. Ret. Inc.Security Act

IMMIGRATIONO 462 Naturalization ApplicationO 463 Habeas Corpus -Alien DetaineeO 465 Other ImmigrationActions

BANKRUPTCYa 422 Appeal 28 USC 158O 423 W ithdrawal28 USC 157

PROPERTY RIGHTSaa

820 Copyrights830 Patent840 Trademark

SOCIAL SECURITYOaaaa

861 HIA (13958)862 Black Lung (923)863 DIWC/DIWW (405(g))864 SSID Title XVI865 RSI (405(g))FEDERAL TAX SUITSOD

870 Taxes (U.S. Plaintiffor Defendant)871 IRSThird Party26 USC 7609

OTHER STATUTESOaaaoDoaaaaDDao0ao

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400 State Reapportionment410 Antitrust430 Banks and Banking450 Commerce460 Deportation470 Racketeer Influenced anCorrupt Organizations480 Consumer Credit490 Cable/Sat TV810 Selective Service850 Securities/CommoditiesExchange875 Customer Challenge12 USC 3410890 Other Statutory Actions891 Agricultural Acts892 Economic Stabilization 893 Environmental Matters894 Energy Allocation Act895 Freedom of InformationAct900Appeal of Fee DeterminaUnder Equal Accessto Justice950 Constitutionality ofState Statutes

V. ORIGIN (Place an "X " in One Box Only) App eal to Distr# 1 Origina l O 2 Removed from O 3 Remanded from O 4 Reinstated or O 5 J ^ E ^ r i ^ " 6 Multidistrict O 7 X f J "Proceeding State Court Appellate Court Reopene d rJrffiA Litigation MagistrateJudgment

VI . CAUSE OF ACTIONCite the U.S. Civil Statute under which you are filing (Do not c i te jur isd ic tional statutes unless d iv ers ity ) : / ^ h i /"> ${? S M CHECK YES only if demanded in complairCOMPLAINT: UNDER F.R.C.P. 23 J U R Y D E M A N D : O Ye s ^ No

VIII. RELATED CASE(S)IF ANY (See instructions): ^ ^ D O C K E T N U M B E R

DATE

'ICE US E ONLY

SIGNATURE OF ATTORJslBJr1-F^ECORD

FOR OFFICE US E Of

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C as e 2 :12-cv-007 07-TJS Docum ent 1-2 Filed 02/09/12 Pa ge 1 of 1UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA - DESIGNATION FORM to be used by counsel to indicate the category of the case for the purpose ofassignment to appropriate calendar.Address ofPIamtiff: hf I l^f/iCPiA^m^ COPO^J, WHl>W

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C as e 2:12 -cv-00 707-T JS Doc um ent 1-3 Filed 02/09 /12 P ag e 1 of 1

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIACASE MANAGEMENT TRACK DESIGNATION FORM

CIVIL ACTIONC ftTWiCOnN u a n c ef CompaqV .N O .

In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel forplaintiff shall complete a Case Management Track Designation Form in all civil cases at the time offiling the com plaint and serve a copy on all defenda nts. (See 1:03 of the plan set forth on the re verseside of this form.) In the event that a defendant does not agree with the plaintiff regarding saiddesignation, that defendant shall, with its first appearance, submit to the clerk of court and serve onthe plaintiff and all other parties, a Case Manag emen t Track D esignation Form specifying the trackto which that defendant believes the case should be assigned.SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS:(a) Habeas C orpus - Cases brought under 28 U.S.C . 2241 through 22 55.(b) Social Security - Cases requesting review of a decision of the Secretary of Healthand Human Services denying plaintiff Social Security Benefits.

( )( )

(c) Arbitration - Cases required to be designated for arbitration unde r Loca l Civil Rule 53.2. ( )

( )(d) Asbestos - Cases involving claims for personal injury or property damage fromexposure to asbestos.(e) Special Man age me nt - Case s that do not fall into tracks (a) throug h (d) that arecomm only referred to as complex and that need special or intense managem ent bythe court. (See reverse side of this form for a detailed explanation of specialmanagem ent cases .)(f) Standard M anag em ent - Cases that do not fall into any one of the other tracks.

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