Washington Mutual Bank v. Century Mortgage Corporation

Filing 3

VACATED PER 5 ORDER ORDER GRANTING Washington Mutual Bank's 1 Petition for Arbitration. Clerk is DIRECTED to enter jgm in favor of plaintiff and against dft in the amount of $992,793.77 plus interest accruing from the date of the Award. Signed by Judge G. Ernest Tidwell on 12/20/06. (jlm) Modified on 12/22/2006 (fmm).

Case 1:06-cv-02994-GET

Document 3

Filed 12/20/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

FILED IN CLERK'S OFFI C E
U .S .D .C . Atlanta

WASHINGTON MUTUAL BANK, a federal savings bank, Plaintiff, v. CENTURY MORTGAGE CORPORATION a/k/a CENTURY MORTGAGE CORP ., a Georgia corporation, Defendant .

G ~ u ,', 0 2 06
J AM E S N . HA.TTL .'111, Clerk By :
CIVIL ACTION DeputyC

NO . 1 :06-cv-2994-GET

ORDER The above-styled matter is presently before the court on Washington Mutual Bank ' s petition to confirm an arbitration award [docket no . 1] . On November 10, 2006, arbitrator Joyce J . George rendered an Arbitration Award in favor of plaintiff and against defendant . Specifically, plaintiff was awarded $992,793 .77, including an award of attorney's fees and costs . On December 8, 2006, plaintiff filed this "Petition and Motion to Confirm Arbitration Award ." Plaintiff requests that judgment be entered in its favor, inc l uding prejudgment and post - judgment interest .

Section 9 of the FAA provides that upon application of a party
to an arbitration for an order confirming an arbitration award, a

"court must grant such order unless the award is vacated, modified,
or corrected as prescribed in sections 1 0 and 11 of [the FAA]" .

Case 1:06-cv-02994-GET

Document 3

Filed 12/20/2006

Page 2 of 3

9 U .S .C . § 9 . "Judicial review of arbitration awards is `narrowly limited,' and the FAA presumes that arbitration awards will be confirmed ." Gianelli Money Purchase Plan & Trust v . ADM Investor Services, Inc ., 146 F .3d 1309, 1312 (11th Cir . 1998) .

Furthermore, pre-judgment interest from the date of the award may be awarded upon confirmed arbitration awards . See Industrial Risk Insurers v . M .A .N . Gutehoffnunashute GmbH, 141 F .3d 1434, 1446-47 (11th Cir . 1998) . Likewise, post-judgment interest is appropriate pursuant to 28 U .S .C . § 1961(a) . No response or objection as been filed to the petition to confirm the arbitration award . Having reviewed and considered the petition for arbitration, the court finds no grounds for vacating or modifying the award . Therefore, Washington Mutual's petition to confirm an arbitration award and request for prejudgment and post judgment interest [docket no . 1] is GRANTED . The Clerk of Court is DIRECTED to enter judgment in favor of plaintiff and against defendant in the amount of $992,793 .77, plus interest accruing from the date of the Award .

Summary Washington Mutual Bank's petition to confirm an arbitration award request for prejudgment and post judgment interest [docket no . 1] is GRANTED . The Clerk of Court is DIRECTED to enter

Page 2

Case 1:06-cv-02994-GET

Document 3

Filed 12/20/2006

Page 3 of 3

judgment in favor of plaintiff and against defendant in the amount of $992 , 793 . 77, plus interest accruing from the date of the Award .

SO ORDERED , this

;~Pday of December, 2006 .

111111111111110 11,1111,Iliiillllll

00

ERNEST TIDWELL, JUDGE NITED STATES DISTRICT JUDGE

Page 3