Bretoi v. Provident Life and Accident Insurance Company

Filing 128

ORDER: Pursuant to D.C.COLO.LCivR 41.2 and this Court's order dated April 1, 2009 121 , and upon a showing of good cause, this case is hereby reopened. Granting 127 Defendant Provident Life and Accident Insurance Company's Unopposed Mot ion to Confirm the Arbitration Award. Clerk shall enter judgment in favor of defendant Provident Life and Accident Insurance Company and against plaintiff Kim Bretoi with the parties bearing their own costs and attorneys' fees, by Judge Philip A. Brimmer on 4/5/10.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 07-cv-00967-PAB-BNB KIM BRETOI, Plaintiff, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant. _____________________________________________________________________ ORDER GRANTING UNOPPOSED MOTION TO CONFIRM ARBITRATION AGREEMENT _____________________________________________________________________ This matter comes before the Court pursuant to defendant Provident Life and Accident Insurance Company's unopposed motion to confirm an arbitration award [Docket No. 127]. This case was administratively closed on April 1, 2009, pursuant to the parties' stipulated motion to stay the matter and submit it to arbitration [Docket No. 117]. The parties' stipulated motion requested that the Court remain available to enforce the arbitration award, if needed. The Court granted that motion and administratively closed the case, subject to reopening for good cause [Docket No. 121]. On October 5, 2009, the arbitrator issued his opinion and award on the matter [Docket No. 127-3]. Defendant now seeks confirmation of that award. Being fully advised of the premises, it is ORDERED that, pursuant to D.C.COLO.LCivR 41.2 and this Court's order dated April 1, 2009 [Docket No. 121], and upon a showing of good cause, this case is hereby reopened. It is further

ORDERED that defendant Provident Life and Accident Insurance Company's unopposed motion [Docket No. 127] to confirm the arbitration award [Docket No. 127-3] is GRANTED. Pursuant to 9 U.S.C. § 9 (2006), the Court hereby confirms the Award of Arbitrator attached as Exhibit B to the aforementioned motion [Docket No. 127-3]. It is further ORDERED that the clerk shall forthwith enter judgment in favor of defendant Provident Life and Accident Insurance Company and against plaintiff Kim Bretoi with the parties bearing their own costs and attorneys fees.

DATED April 5, 2010. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge