Recovery Logistic, Inc v. Pallet Logistics Management Services, Inc

Filing 9

ORDER granting 4 Motion for Summary Judgment. Signed by Honorable Paul K. Holmes, III on August 11, 2011. (lw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
RECOVERY LOGISTIC, INC.
v.

PLAINTIFF
Case No. 2:11-CV-02086

PALLET LOGISTICS MANAGEMENT
SERVICES, INC.

DEFENDANT
ORDER

Currently before the Court are Plaintiff Recovery Logistic, Inc.’s (“RLI”) Motion for
Summary Judgment on Application for Confirmation of Award and Brief in Support (Doc. 4) and
supporting documents (Docs. 5-6). Although notice of this action was served upon Defendant Pallet
Logistics Management Services, Inc. (“Pallet”) (Doc. 3), Pallet has neither entered an appearance
nor filed any response in opposition to the Motion. Nor has Pallet filed any motion to vacate, amend,
or correct the arbitrator’s award. Upon consideration of all filings on the record, and in accordance
with 9 U.S.C. § 9, the Court finds that the arbitrator’s award should be confirmed and Plaintiff’s
Motion (Doc. 4) should, therefore, be GRANTED.
IT IS THEREFORE ORDERED AND ADJUDGED that the award of the arbitrator entered
April 21, 2011 (Doc. 4-2) is CONFIRMED. RLI shall have and recover from Pallet judgment in the
amount of $43,156.20 plus interest accruing at the rate of 10% per annum from April 16, 2011 until
paid. The Court further awards to RLI, recoverable from Pallet, 10% of its attorneys’ fees incurred
in litigating this Application for Confirmation as well as $350 in costs. A judgment will be filed
contemporaneously with this order.
IT IS SO ORDERED this 11th day of August 2011.

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/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE

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