Bradley v. Centraarchy Restaurant Management Company

Filing 38

ORDER granting 37 Motion to Confirm Arbitration Award; finding as moot 28 Motion to Certify Class. Signed by Honorable Patrick Michael Duffy on September 22, 2017.(jmcg, )

2:15-cv-01218-PMD

Date Filed 09/22/17

Entry Number 38

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Brittany Bradley and Tamia Britnie
Corbitt,

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Plaintiffs,
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v.
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Centraarchy Restaurant Management
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Company,
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Defendant.
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____________________________________)

C.A. No.: 2:15-cv-1218-PMD
ORDER

This matter is before the court on Defendant Centraarchy Restaurant Management
Company’s motion to confirm the arbitrator’s award (ECF No. 37). For the reasons set forth
herein, the Court grants Defendant’s motion and confirms the arbitrator’s award.
BACKGROUND/PROCEDURAL HISTORY
This FLSA action arises out of Plaintiffs’ allegations that service bartenders at Defendant’s
California Dreaming restaurants were not eligible to participate in those restaurants’ tip pools, and
that Defendant’s use of the FLSA’s tip credit provision was therefore invalid. Plaintiffs brought
suit in this Court on March 16, 2015. By consent of the parties, the Court granted Defendant’s
motion to compel arbitration on July 30, 2015. The arbitrator issued her award on August 23,
2017, and Defendant filed the instant motion on August 30. Plaintiffs’ response was due on
September 13, but no response has been filed to date.
LEGAL STANDARD
Section 9 of the Federal Arbitration Act (“FAA”) provides that when the parties agree in
their arbitration agreement that the Court will enter a judgment after the arbitrator’s award, a party
to the arbitration may apply for an order confirming the award any time within one year after the

2:15-cv-01218-PMD

Date Filed 09/22/17

Entry Number 38

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arbitration award is made. 9 U.S.C. § 9. The Court must confirm the arbitration award “unless
the award is vacated, modified, or corrected pursuant to sections 10 or 11 of [the FAA].” 9 U.S.C.
§ 9. When reviewing an arbitrator’s decision, the Court must “‘determine only whether the
arbitrator did his job—not whether he did it well, correctly, or reasonably, but simply whether he
did it.’” Wachovia Sec., LLC v. Brand, 671 F.3d 472, 478 (4th Cir. 2012) (quoting U.S. Postal
Serv. v. Am. Postal Workers Union, 204 F.3d 523, 527 (4th Cir. 2000)).
DISCUSSION
The parties’ arbitration agreement specifies that the arbitrator’s award must be confirmed
by a court. Accordingly, Defendant filed the instant motion. Plaintiffs have not filed any response
to Defendant’s motion and have not moved to vacate, modify, or correct the arbitrator’s award.
The Court has independently reviewed the arbitrator’s award to determine if she did her job, and
the Court concludes that she did. Accordingly, the Court grants Defendant’s unopposed motion
and confirms the arbitrator’s award.
CONCLUSION
For the foregoing reasons, it is ORDERED that Defendant’s motion to confirm the
arbitration award is GRANTED.
AND IT IS SO ORDERED.

September 22, 2017
Charleston, South Carolina

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