Purvis v. Cavalry SPV II, LLC (JRG2)

Filing 23

MEMORANDUM OPINION AND ORDER granting 22 Unopposed MOTION to Confirm Arbitration Award filed by Cavalry SPV II, LLC. Therefore, it is hereby ORDERED that the defendant's motion to confirm the arbitration award, [Doc. 22], is GRANTED. In accordance with the Award of Arbitrator, filed as Doc. 22- 2, the plaintiff's claims are DISMISSED WITH PREJUDICE. Signed by District Judge J Ronnie Greer on 11/17/2016. (AMP)

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE

NICOLE PURVIS,
Plaintiff,

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v.
CAVALRY SPV II, LLC,
Defendant.

No. 2:15-CV-188

MEMORANDUM OPINION AND ORDER

The defendant, Cavalry SPV II, LLC (“Cavalry”), filed a “Motion to Confirm Arbitration
Award.” [Doc. 22]. This Court previously granted the defendant’s motion to compel arbitration
and ordered that the plaintiff pursue her claim in arbitration. [Doc. 20]. The parties have
completed the arbitration process.

The Arbitrator denied the plaintiff’s claims against the

defendant and required the arbitration costs to be borne as incurred. The defendant submitted a
copy of the Award of Arbitrator as an exhibit to their motion. [Doc. 22-2].
The defendant now asks this court to confirm the Award of Arbitrator and enter judgment
in favor of the defendant. The defendant states in the motion that it has conferred with the
plaintiff’s counsel and plaintiff does not oppose this motion. The Federal Arbitration Act
provides that:
If the parties in their agreement have agreed that a judgment of the
court shall be entered upon the award made pursuant to the
arbitration, then at any time within one year after the award is
made any party to the arbitration may apply to the court so
specified for an order confirming the award, and thereupon the
court must grant such an order unless the award is vacated,
modified, or corrected as prescribed in sections 10 and 11 of this
title.

9 U.S.C. § 9. A court must confirm the arbitrator’s award unless it is vacated, modified, or
corrected. See Hall St. Assocs., LLC v. Mattell, Inc., 552 U.S. 576 (2008).
Therefore, it is hereby ORDERED that the defendant’s motion to confirm the arbitration
award, [Doc. 22], is GRANTED. In accordance with the Award of Arbitrator, filed as Doc. 222, the plaintiff’s claims are DISMISSED WITH PREJUDICE.
ENTER:

s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE

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