McAleer et al v. Holiday Isle, LLC et al

Filing 48

Order granting the 43 MOTION confirm arbitration award filed by Holiday Isle, LLC. Judgment shall be entered by separate order. Holiday Isle is ordered by 8/19/2009 to file a proposed form of judgment. The parties are ordered to either include Bay Title in the proposed judgment or articulate how the plaintiffs' claims against Bay Title are to be resolved. Signed by Judge William H. Steele on 8/10/09. (tgw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CATHERINE G. MCALEER, et al., Plaintiffs, v. HOLIDAY ISLE, LLC, et al., Defendants. ) ) ) ) ) CIVIL ACTION 07-0318-WS-M ) ) ) ) ORDER This matter is before the Court on the motion of defendant Holiday Isle, LLC to confirm arbitration award and enter judgment thereon. (Doc. 43). The plaintiffs objected on the sole ground that they intended to seek reconsideration by the arbitrator. (Doc. 44). Four months have passed without the plaintiffs indicating they have done so, and Holiday Isle indicates that the arbitrator is not empowered to alter his ruling on the merits via reconsideration. (Doc. 46). The Court can only conclude that the plaintiffs have exhausted their efforts to obtain reconsideration. The FAA "imposes a heavy presumption in favor of confirming arbitration awards," such that "a court's confirmation of an arbitration award is usually routine or summary." Riccard v. Prudential Ins. Co., 307 F.3d 1277, 1288 (11th Cir. 2002) (enumerating narrow circumstances under which arbitration award may be vacated). The burden is on the party opposing confirmation to make the requisite showing. Id. at 1289. Because the plaintiffs offer no grounds under the FAA for not confirming the arbitration award, Holiday Isle's motion is granted. The arbitration award attached to the motion is confirmed. Judgment shall be entered accordingly by separate order. The parties are ordered to confer in good faith, on or before August 17, 2009, for the purpose of agreeing to a form of judgment. Holiday Isle is ordered to file and serve, on or before August 19, 2009, a proposed form of judgment agreed to by the parties if possible, otherwise, its own proposed form.1 DONE and ORDERED this 10th day of August, 2009. s/ WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE The Court notes that Bay Title Insurance Company ("Bay Title"), while also a defendant to this action, is unmentioned in the arbitrator's decision. The parties are ordered either to include Bay Title in the proposed judgment or to articulate how the plaintiffs' claims against Bay Title are to be resolved. 1 -2-

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