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Jiangxi Zhengao Recycled Textile Industry Co. Ltd. v. Amazon.com Services LLC

Denial of Arbitrator's Recusal Explained; Partiality, Failure to Disclose Bias Not Shown

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MEMORANDUM OPINION AND ORDER Jiangxi Zhengao Recycled Textile Industry Co., Ltd. (“Zhengao” or “Plaintiff”) brought this action in state court, which Amazon.com Services, LLC and Amazon.com, Inc. (together, “Amazon” or “Defendants”) subsequently removed to federal court. Now, Plaintiff seeks a temporary restraining order and preliminary injunction to stay a related arbitration. See ECF No. 8. For the reasons stated herein, Plaintiff’s motion is DENIED in its entirety. BACKGROUND On March 24, 2020, Plaintiff became a third-party seller on Amazon. Yuan Dec. 4 (ECF No. 10). On June 24, 2021, Plaintiff received an account deactivation notice from Amazon, stating that Plaintiff had violated Amazon’s policies. Id. 9. At the same time, Amazon seized the sales proceeds in Plaintiff’s seller account. Id. 11. Following a series of unsuccessful appeals to Amazon, Plaintiff filed an arbitration demand in June 2022 with the American Arbitration Association (“AAA”). Id.

12, 15-17, 22. In August 2022, AAA sent the parties an initial appointment letter for the Hon. Carol E. Heckman (ret.) (the “Arbitrator”). Guo Dec. 9 (ECF No. 9). The Arbitrator disclosed that she had previously served as an arbitrator in three matters involving Amazon. Id. 10. Plaintiff objected to the appointment of the Arbitrator in August 2022, September 2022, February 2023 and May 2023 Id.

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