Griffin v. Asbury Automotive St. Louis, LLC

Filing 20

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that the stay of this matter 17 is lifted. IT IS FURTHER ORDERED that defendant shall file its supplemental memorandum in support of its motion to vacate, together with complete copies of any transcripts previously filed with the Court, no later than November 25, 2015. IT IS FURTHER ORDERED that plaintiff shall file her opposition to the motion to vacate as set out above no later than December 15, 2015. No further briefing or a hearing will be permitted on this issue. Signed by District Judge Catherine D. Perry on 11/18/2015. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LESLIE GRIFFIN,
Plaintiff,
v.
ASBURY AUTOMOTIVE ST.
LOUIS, L.L.C.,
Defendant.

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Case No. 4: 14 CV 1921 CDP

MEMORANDUM AND ORDER LIFTING STAY
On April 17, 2015, I stayed this case pending the completion of arbitration.
The parties have now completed arbitration, and the arbitrator issued an award
dated November 10, 2015. Defendant moves to vacate and/or modify that award
and attaches to its motion excerpts of hearing and deposition transcripts. I do not
review transcript excerpts, so if defendant wants me to consider something from
these transcripts when I decide whether to vacate the arbitration award, then it
must file complete copies of them for me to consider. In addition, I note from my
review of the motion that some of the arguments raised in support of vacating the
award (such as those related to attorney’s fees) are the very arguments I rejected
when plaintiff made them in opposing arbitration. Also, defendant’s motion is
silent as to whether the issue of returning the car was even raised before the
arbitrator. I expect defendant to file a supplemental memorandum addressing this
issue along with complete copies of transcripts. I will require plaintiff to respond

to the motion to vacate 20 days after defendant files its supplemental
memorandum. Plaintiff should also address the issue of whether returning the car
was discussed with the arbitrator and why the Court should not vacate, at a
minimum, at least this portion of the award. Plaintiff’s response shall also address
all other issues raised in defendant’s motion.
Based on the arbitrator’s findings with respect to defendant’s business
practices, defendant’s apparent admission of liability, and the nature of the relief
awarded in this case, I would strongly suggest that the parties attempt to resolve
this dispute without any further Court involvement.
Accordingly,
IT IS HEREBY ORDERED that the stay of this matter [17] is lifted.
IT IS FURTHER ORDERED that defendant shall file its supplemental
memorandum in support of its motion to vacate, together with complete copies of
any transcripts previously filed with the Court, no later than November 25, 2015.
IT IS FURTHER ORDERED that plaintiff shall file her opposition to the
motion to vacate as set out above no later than December 15, 2015. No further
briefing or a hearing will be permitted on this issue.

_________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 18th day of November, 2015.
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