Elawyers Elawyers
Washington| Change

JAMES S. FARRIN, P.C. v. McEACHIN & GEE, ATTORNEYS AT LAW LLP, 1:15CV828. (2015)

Court: District Court, E.D. North Carolina Number: infdco20160113d47 Visitors: 3
Filed: Dec. 08, 2015
Latest Update: Dec. 08, 2015
Summary: MEMORANDUM ORDER N. C. TILLEY, Jr. , District Judge . This matter is currently before the Court on motion of James S. Farrin, P.C. ("Farrin") to enforce an arbitration award that was entered on June 24, 2015. (Doc. #1.) According to the Federal Arbitration Act, a court "must" enter an order confirming an arbitration award if: (1) the parties agreed in the arbitration agreement that judgment may be entered by a court; (2) the moving party has requested the confirmation within one year of th
More

MEMORANDUM ORDER

This matter is currently before the Court on motion of James S. Farrin, P.C. ("Farrin") to enforce an arbitration award that was entered on June 24, 2015. (Doc. #1.)

According to the Federal Arbitration Act, a court "must" enter an order confirming an arbitration award if: (1) the parties agreed in the arbitration agreement that judgment may be entered by a court; (2) the moving party has requested the confirmation within one year of the award; and (3) the award has not been vacated, modified, or corrected. 9 U.S.C. § 9.

In this case, Farrin's motion meets all the requirements of 9 U.S.C. § 9, and the award should be confirmed. First, the arbitration agreement explicitly states that the arbitration award "may be entered in any court of competent jurisdiction." (Doc. #1-1 at 11.) Second, Plaintiff has moved to confirm the award within one year of the award being granted; the arbitration award was entered on June 24, 2015, and Farrin filed the instant motion on October 5, 2015. Third, Respondents have not moved to vacate, modify, or correct the award within the applicable three-month time limit under 9 U.S.C. § 10, and thus, the award has not been vacated, modified, or corrected.

Therefore, the motion will be granted and this Court will enter judgment in the amount of $2,133,125.22 as set forth in the arbitration award. (Doc. #1-1 at 5.)

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer