Filed: Dec. 06, 2012
Latest Update: Dec. 06, 2012
Summary: FINAL JUDGMENT MARK A. GOLDSMITH, District Judge. On March 30, 2012, the Court issued its OPINION AND ORDER (1) ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND (2) DENYING PLAINTIFF'S MOTION TO VACATE ARBITRATION AWARD (DKT. 90). On August 20, 2012, the Court issued its OPINION AND ORDER (DKT. 110) GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO CONFIRM JULY 12, 2011 OPINION RE: PREVAILING PARTY (DKT.91) AND PLAINTIFF'S MOTION TO CLARIFY THE FINALITY OF
Summary: FINAL JUDGMENT MARK A. GOLDSMITH, District Judge. On March 30, 2012, the Court issued its OPINION AND ORDER (1) ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND (2) DENYING PLAINTIFF'S MOTION TO VACATE ARBITRATION AWARD (DKT. 90). On August 20, 2012, the Court issued its OPINION AND ORDER (DKT. 110) GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO CONFIRM JULY 12, 2011 OPINION RE: PREVAILING PARTY (DKT.91) AND PLAINTIFF'S MOTION TO CLARIFY THE FINALITY OF T..
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FINAL JUDGMENT
MARK A. GOLDSMITH, District Judge.
On March 30, 2012, the Court issued its OPINION AND ORDER (1) ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND (2) DENYING PLAINTIFF'S MOTION TO VACATE ARBITRATION AWARD (DKT. 90).
On August 20, 2012, the Court issued its OPINION AND ORDER (DKT. 110) GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO CONFIRM JULY 12, 2011 OPINION RE: PREVAILING PARTY (DKT.91) AND PLAINTIFF'S MOTION TO CLARIFY THE FINALITY OF THE MARCH 30, 2012 OPINION (DKT. 96).
On August 31, 2012, Plaintiff filed a MOTION (DKT. 111) FOR REHEARING AND/OR RECONSIDERATION WITH REGARD TO THE AUGUST 20, 2012 OPINION AND ORDER (DKT. 110), to which Defendant responded (DKT. 113).
On November 21, 2012 the Court entered its ORDER (DKT. 114) DENYING IN PART AND GRANTING IN PARTY PLAINTIFF'S MOTION FOR RECONSIDERATION (DKT. 111).
FOR THE REASONS STATED IN ITS RULINGS, THE FOLLOWING JUDGMENT IS ENTERED:
IT IS ORDERED AND ADJUDGED that Plaintiff's motion to vacate the arbitrators' April 14, 2011 Final Award is denied.
IT IS FURTHER ORDERED AND ADJUDGED that the Arbitrator's April 14, 2011 Final Award in favor of Plaintiff in the total amount of $116,209.54, plus $32,481.75 in pre-award interest (described as pre-judgment interest in the Arbitrators' Award) is confirmed.
IT IS FURTHER ORDERED AND ADJUDGED that the Arbitrator's July 12, 2011 opinion finding Plaintiff as the prevailing party is confirmed.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff, as the Prevailing Party, is awarded arbitration costs in the total amount of $84,728.94.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff is entitled to post-award interest on the arbitration award and arbitration costs calculated under MCL §600.6013 from April 14, 2011 until the date of entry of this Final Judgment.
The total amount of the judgment in favor of Plaintiff and against Defendants jointly and severally, through December 5, 2012, including interest, is therefore $242,607.97. Interest on this amount shall accrue at $12.28 per day until entry of this Final Judgment. Upon entry of the Final Judgment, interest shall accrue on the total Final Judgment amount, including all prejudgment interest, in accordance with 28 U.S.C. § 1961, from the date of entry of the Final Judgment until satisfaction by Defendants of the total Final Judgment.
SO ORDERED.
