Collins et al v. Laborers International Union of North America Local No 872 et al

Filing 286

ORDER. IT IS HEREBY ORDERED that the Clerk of Court ENTER PARTIAL FINAL JUDGMENT against plaintiffs and for defendants on plaintiffs arbitrated contract claims. And because this court has determined that vacatur of the award is not warranted under 9 U.S.C. § 10 and defendants requested that the court confirm the award under 9 U.S.C. § 9, IT IS FURTHER ORDERED that the arbitration award is CONFIRMED. Signed by Judge Jennifer A. Dorsey on 12/20/2022. (Copies have been distributed pursuant to the NEF - LOE)

Case 2:11-cv-00524-JAD-DJA Document 286 Filed 12/20/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 Gene Collins, et al.,
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Case No.: 2:11-cv-00524-JAD-DJA

Plaintiffs
v.

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Laborers International Union of North
6 America Local No. 872, et al.,
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Order Confirming Arbitration Award and
Entering Partial Final Judgment

Defendants

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On September 22, 2021, District Judge Gloria M. Navarro entered an order denying the

9 plaintiffs’ motion to vacate an arbitration award resolving three of Collins’s fourteen claims
10 against the defendants.1 Plaintiffs appealed, and Judge Navarro stayed the remainder of the case
11 pending the outcome of that appeal.2 Judge Navarro has since recused herself from this action,
12 and it was reassigned to me.3
On December 19, 2022, the Ninth Circuit issued an order noting that the “defendants

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14 have raised a not insubstantial question [concerning] whether [it has] jurisdiction under the
15 Federal Arbitration Act” because no final judgment was entered in the case and the court denied
16 the plaintiffs’ motion to vacate but did not confirm the arbitration award.4 The Ninth Circuit
17 thus issued “a limited remand to the district court so it can consider entering a partial final
18 judgment under [Federal Rule of Civil Procedure] 54(b), or confirming the award, or both.”5
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ECF No. 255.

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ECF No. 273.

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ECF No. 277; ECF No. 280.

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ECF No. 285.

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Id.

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Case 2:11-cv-00524-JAD-DJA Document 286 Filed 12/20/22 Page 2 of 2

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Finding no just reason for delay under FRCP 54(b), IT IS HEREBY ORDERED that the

2 Clerk of Court ENTER PARTIAL FINAL JUDGMENT against plaintiffs and for
3 defendants on plaintiffs’ arbitrated contract claims. And because this court has determined
4 that vacatur of the award is not warranted under 9 U.S.C. § 10 and defendants requested that the
5 court confirm the award under 9 U.S.C. § 9,6 IT IS FURTHER ORDERED that the arbitration
6 award is CONFIRMED.
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__________ ____________________
U.S. District Judge Jennifer A. Dorsey
December 20, 2022

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See ECF No. 239 (defendants’ opposition to plaintiffs’ motion to vacate arbitration award and
request to confirm the award).
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