Global Crossing Telecommunications, Inc. et al v. 3L Communications Missouri. LLC
Filing
30
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Court's previous stay is lifted, and 3L Communications' Motion for Confirmation of Award [ECF No. 29 ] is GRANTED. The Final Award of the Arbitrator, dated May 21, 2014, [ECF No. 29-1 ], incorporated herein by reference, is CONFIRMED. 3L Communications is awarded the amount of the Award, $1,600,637.87 plus interest, costs and attorneys' fees. IT IS FURTHER ORDERED that judgment shall be entered in accordance with the Final Award of the Arbitrator, dated May 21, 2014, and with this Memorandum and Order. So Ordered this 21st day of July, 2014. Signed by District Judge E. Richard Webber on July 21, 2014. (BRP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GLOBAL CROSSING
TELECOMMUNICATIONS, INC. , ET AL.,
Plaintiffs,
v.
3L COMMUNICATIONS MISSOURI, LLC,
Defendant.
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No. 4:13CV00885 ERW
MEMORANDUM AND ORDER
This matter comes before the Court on Defendant 3 L Communications Missouri, LLC’s;
and Plaintiffs Global Crossing Telecommunications, Inc.’s, and Wiltel Communications, LLC’s
(collectively referred to as “Plaintiffs”) “Status Report, Motion for Confirmation of Award and
Acknowledgment of Partial Satisfaction” (“Motion for Confirmation”)[ECF No. 29].
On July 26, 2013, the Court issued an Order, among other things, staying this matter
pending resolution of arbitration proceedings initiated before the American Arbitration
Association, and directing the parties to proceed to arbitration [ECF No. 23]. Subsequently, the
Court directed the parties to file a Status Report relating to the arbitration proceedings, no later
than July 18, 2014 [ECF No. 28].
In their joint Status Report [ECF No. 29], the parties report that, following arbitration
proceedings during the week of March 25, 2014, an arbitrator issued an award (“the
Award”)[ECF No. 29-1], in favor of Defendant 3L Communications Missouri, LLC (“3L
Communications”). 3L Communications further reports Plaintiffs have satisfied the portion of
the Award requiring them to pay the sum of $1,600,637.87 plus interest, costs and attorneys’
fees. The Award also includes other relief pertaining to any future delivery of Plaintiffs’ services
to 3 L Communications. [ECF No. 29-1 at 83-84].
The arbitration agreement between the parties, contained in a tariff 3L Communications
filed with the Federal Communications Commission (“FCC”), provides that an arbitration award
may be entered in any court having jurisdiction. Therefore, 3L Communications moves this
Court, pursuant to 9 U.S.C. § 9, to enter an Order and Judgment confirming the Arbitrator’s
Award in this matter. Plaintiffs do not oppose the motion. The Court will grant 3L
Communication’s Motion for Confirmation. The Court shall lift its previous stay, and enter
judgment.
Accordingly,
IT IS HEREBY ORDERED that the Court’s previous stay is lifted, and 3L
Communications’ Motion for Confirmation of Award [ECF No. 29] is GRANTED. The Final
Award of the Arbitrator, dated May 21, 2014, [ECF No. 29-1], incorporated herein by reference,
is CONFIRMED. 3L Communications is awarded the amount of the Award, $1,600,637.87
plus interest, costs and attorneys’ fees.
IT IS FURTHER ORDERED that judgment shall be entered in accordance with the
Final Award of the Arbitrator, dated May 21, 2014, and with this Memorandum and Order.
So Ordered this 21st day of July, 2014.
E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE
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