Jones v. MKA2 Enterprises, Inc. et al

Filing 15

ORDER granting 11 defendants' Motion to Enter Judgment and Assess Costs. Clerk directed to enter Judgment in favor of MKA2 Enterprises, Inc. and MKA2 Enterprises, Inc., d/b/a Independence Honda in the amount of: $1,850.00, plus the $100.00 AAA certification fee. Signed on 3/2/16 by District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
HERBERT L. JONES, III
Plaintiff,
v.

MKA2 ENTERPRISES, INC.
and MKA2 ENTERPRISES, INC. d/b/a
INDEPENDENCE HONDA,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 15-CV-00217-W-FJG

ORDER
Currently pending before the Court is defendants’ Motion to Enter Judgment and
Assess Costs (Doc. # 11).
Defendants MKA2 Enterprises, Inc. and MKA2 Enterprises, Inc. d/b/a
Independence Honda, asserted that on May 25, 2012, the parties entered into a written
contract whereby MKA2 agreed to sell to plaintiff a vehicle for the sum of $23,339.97.
The contract contained an arbitration clause which stated in part that “[a]ny claim or
dispute, whether in contract, tort, statute or otherwise (including the interpretation and
scope of this clause, and the arbitrability of the claim or dispute), between you and us or
our employees, agents, successors or assigns, which arise out of or relate to your credit
application, purchase or condition of this vehicle, this contract or any resulting
transaction or relationship (including any such relationship with third parties who do not
sign this contract) shall, at your or our election, be resolved by neutral binding
arbitration and not by a court action.” (Doc. # 5, Exh. A).

Plaintiff filed an action in the Circuit Court of Jackson County on February 10,
2015, alleging a violation of the Missouri Merchandising Practices Act, fraud and false
imprisonment. Defendants removed the case to this Court on March 25, 2015. On May
21, 2015, the Court granted defendants’ Motion to Stay Proceedings Pending
Arbitration.
On November 2, 2015, an Award of Arbitrator was entered by Arbitrator Truman
K. Eldridge, Jr., Esq. The arbitrator entered judgment in favor of defendants and
against plaintiff, Herbert L. Jones, III. The Arbitration Award stated that the
administrative fees of the AAA totaling $2,200.00 and the compensation of the
arbitrator, totaling $1,500.00, were to be borne equally by the claimant and the
respondent. The award stated that “[t]herefore, Claimant shall reimburse Respondent
the sum of $1,850.00 representing that portion of said fees in excess of the apportioned
costs previously incurred by Respondent.”
Defendants have requested that the Court in accordance with the Award of the
Arbitrator, enter judgment in their favor and award them $1,850.00, as designated by
the arbitrator. Plaintiff filed suggestions in opposition to the Motion, stating that the
Motion to Enter Judgment was not proper at this time as the Arbitration Award attached
to the Motion had not been verified. Defendants filed reply suggestions stating that all
necessary documentation required by 9 U.S.C.§ 13 has been submitted. Additionally,
defendants stated that notwithstanding the fact that plaintiff cited no law requiring a
certified copy of the Award, they have obtained and attached a certified copy of the
Award. The certification from the AAA states that November 2, 2015 Arbitration Award
entered in connection with File # 01-15-0003-6749, is a true and exact copy of the same

2

electronic records maintained by the AAA. Defendants state that the cost to obtain this
certified copy from the AAA was $100.00. Defendants have requested reimbursement
of the cost of obtaining this certification, in addition to the AAA administrative fees and
compensation of the arbitrator previously requested.
Accordingly, for good cause shown, defendants’ Motion to Enter Judgment and
Assess Costs is hereby GRANTED (Doc. # 11), and the Clerk of the Court is hereby
directed to enter Judgment in favor of MKA2 Enterprises, Inc. and MKA2 Enterprises,
Inc., d/b/a Independence Honda in the amount of: $1,850.00, plus the $100.00 AAA
certification fee.

Date: March 2, 2016
Kansas City, Missouri

S/ FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
United States District Judge 

3