TIC Seven Bar 12, LLC v. CORE Seven Bar H, LLC et al

Filing 23

ORDER by District Judge Robert C. Brack Confirming Arbitration Award as further described herein re: 1 ORDER on Motion for Order (yc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
TIC SEVEN BAR 12, LLC
a Delaware Limited Liability Company,
Plaintiff,
v.

No. CIV 17-0450 RB/SCY

CORE SEVEN BAR H, LLC, a Delaware
Limited Liability Company, CORE SEVEN
BAR S, LLC, a Delaware Limited Liability
Company, and CORE REALTY HOLDINGS
MANAGEMENT, INC., a California Company,
Defendants.
ORDER CONFIRMING ARBITRATION AWARD
This matter is before the Court on TIC Seven Bar 12, LLC’s Motion to Confirm and
Enter Judgment on Arbitration Award and Memorandum in Support, filed on April 12, 2017.
(Doc. 1.) Jurisdiction arises under 28 U.S.C. § 1332 and 9 U.S.C. § 9. The Court remanded the
matter for clarification of the arbitration award on August 8, 2017 (see Doc. 17), and Plaintiff
filed a Notice of Filing of Supplemental Final Award on Remand on September 29, 2017 (see
Doc. 20). Defendants responded to Plaintiff’s Notice on October 5, 2017. Having considered the
submissions of counsel, the Final Arbitration Award and Supplemental Final Award, and
relevant law, the Court will grant in part Plaintiff’s Motion.
WHEREFORE,
IT IS ORDERED that the Final Arbitration Award issued by American Arbitration
Association Arbitrator John Burton on January 23, 2017 (Doc. 1-A-6), as supplemented by the
Supplemental Final Award on Remand (Doc. 20-1), is CONFIRMED;

IT IS FURTHER ORDERED that the Final Arbitration Award issued by American
Arbitration Association Arbitrator John Burton on January 23, 2017 (Doc. 1-A-6), as
supplemented by the Supplemental Final Award on Remand (Doc. 20-1), is hereby ENTERED
as the final judgment of this Court in favor of TIC Seven Bar 12, LLC in the amount of
$754,750.00, 1 plus simple interest at the statutory rate of 8.75%, from September 29, 2017, 2 until
the award is paid in full;
IT IS FURTHER ORDERED that all other relief requested in Plaintiff’s Motion to
Confirm and Enter Judgment on Arbitration Award and Memorandum in Support (Doc. 1) and
not specifically addressed in this Order is DENIED.
IT IS SO ORDERED.

___________________________________
ROBERT C. BRACK
UNITED STATES DISTRICT JUDGE

1

The Arbitrator awarded TIC Seven Bar 12, LLC the amount of $804,750.00. (See Doc. 1-A-6 ¶ A.) Defendants
represented that as of October 5, 2017, they had paid $50,000 of the award, leaving a balance of $754,750. (Doc. 21
at 2.)
2
Defendants have made interest payments from the date of the Final Award (January 23, 2017) through September
28, 2017. (See Doc. 21 at 2.)

2