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)

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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. -1- /s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE -2-

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