Specialized Transport Service, Inc. v. Diamond Transportation Systems, Inc.

Filing 24

ORDER GRANTING 20 Motion to Confirm and Enter Final Judgment and that the Defendant, Diamond Transportation Systems, Inc. shall pay to plaintiff total damages of $80,000.00. Court costs shall be borne by the party incurring same. This judgment is final. Signed by Judge Nancy Stein Nowak. (ga)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT of TEXAS
SAN ANTONIO DIVISION

SPECIALIZED TRANSPORT
SERVICE, INC.,

Plaintiff,
v.
DIAMOND TRANSPORTATION
SYSTEMS, INC.,
Defendant.

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CIVIL ACTION NO.
SA-09-CA-0200 NN

ORDER GRANTING MOTION TO CONFIRM AND ENTER FINAL JUDGMENT
On this day came on to be heard the unopposed Motion to Confirm Arbitration Award
and Motion to Enter Judgment (docket entry 20).
By Order of July 31, 2009, I granted plaintiff’s motion to compel arbitration based on the
parties’ broker/carrier agreement. On February 1, 2011, plaintiff filed the motion that is now
before the Court, based on the January 27, 2011 $80,000 award for plaintiff by the arbitrator. No
response to the motion has been filed.
Section 9 of Title 9, United States Code, states that within one year of the entry of an
arbitrator’s award, any party may apply to the court for an order confirming the award, and
“thereupon the court must grant such an order unless the award is vacated, modified, or
corrected....”
Plaintiff filed its motion three days after the award was made by the arbitrator. No party
has requested that the award be vacated, modified or corrected.
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Accordingly, it is ORDERED, ADJUDGED AND DECREED that plaintiff’s motion to
confirm is GRANTED and that the Defendant, DIAMOND TRANSPORTATION SYSTEMS,
INC, shall pay to Plaintiff total damages of $80,000.00. Court costs shall be borne by the party
incurring same. All other relief not expressly granted herein is denied. This judgment is final.
SIGNED on April 8, 2011.
_____________________________________
NANCY STEIN NOWAK
UNITED STATES MAGISTRATE JUDGE

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