Third Circuit disposition — 01-4478

NOT PRECEDENTIAL
THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 01-4478
___________
EVELYN M. AXELROD; HERBERT R. AXELROD,
vs.
CENTRAL GARDEN & PET COMPANY,
Appellant.
___________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
(D.C. No. 01-cv-01262)
District Judge: The Honorable Mary Little Cooper
___________
ARGUED JULY 23, 2002
BEFORE: SLOVITER, NYGAARD, and BARRY, Circuit Judges.
(Filed: August 28, 2002)
___________
John I. Alioto, Esq.
Alioto & Alioto
505 Sansome Street
Two Transamerica Center, 17th Floor
San Francisco, CA 94111
Robert J. Gilson, Esq. (Argued)
Riker, Danzig, Scherer, Hyland & Perretti
One Speedwell Avenue
Headquarters Plaza
Morristown, NJ 07962
Counsel for Appellant
Alan M. Lebensfeld, Esq. (Argued)
Lebensfeld, Borker & Sussman
140 Broad Street
Red Bank, NJ 07701
Counsel for Appellees
___________
OPINION OF THE COURT
___________
NYGAARD, Circuit Judge.

-- 1 of 2 --

In this appeal, Appellant, Central Garden and Pet Company, asks us to
reverse those portions of the District Court’s Order that granted the Axelrods’ motion to
confirm a January 31, 2001 arbitration award rendered in the Axelrods’ favor by
PriceWaterhouseCoopers . The initial conflict arose out of Central’s purchase of all of
the Axelrods’ shares of TFH Publications. The arbitration was conducted to resolve
disputes that arose between the Axelrods and Central as to the amount, if any, of
additional purchase price Central owed to the Axelrods. Central argues on appeal that the
District Court should have dismissed the Axelrods’ petition to confirm the arbitration
award because the arbitration was not an arbitration at all, but rather an appraisal.
Further, Central argues that the District Court should have abstained or stayed judgment
pending the conclusion of a state court action. We conclude that neither issue has merit,
and would affirm, except that both parties agree the District Court erred by calling its
order a Declaratory Judgment, rather than a mere confirmation of an arbitrator’s award.
We agree, will vacate the Declaratory Judgment and remand the cause for the District
Court to enter a judgment confirming the arbitration award.
_________________________
TO THE CLERK:
Please file the foregoing opinion.
/s/ Richard L. Nygaard
Circuit Judge

-- 2 of 2 --