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Michaels Stores, Inc. v. Jones

United States District Court, M.D. Louisiana

June 24, 2019

MICHAELS STORES, INC, Plaintiff,
v.
TIFFANY T. JONES Defendant.

          JOINT PROPOSED ORDER CONFIRMING ARBITRATION AWARD AND JUDGMENT

          JOHN W. deGRAVELLES DISTRICT JUDGE.

         Before this Court is the Application for Order to Confirm Arbitration Award (“Petition”) filed by Plaintiff Michaels Stores, Inc. (“Michaels”). Michaels seeks an order confirming the Arbitration Award dated September 10, 2018 and served on the parties by the American Arbitration Association (“AAA”), in the arbitration proceeding entitled Jones v. Michaels Stores, Inc., AAA case number 01-18-0000-9155.

         The Court, having considered the submission of the parties, the entire case file, and applicable legal authority, hereby GRANTS Michaels' Application and orders JUDGMENT for the reasons that follow.

         On or about February 23, 2018, Defendant Tiffany Jones (“Jones”) initiated arbitration proceedings against Michaels asserting claims stemming from her termination of employment with Michaels. The making of the arbitration agreement is not at issue and therefore considered by the Court to be a valid and enforceable agreement to arbitrate.

         AAA appointed arbitrator Michael Patterson (“Arbitrator”) to serve as arbitrator in this case. On September 10, 2018, the Arbitrator issued an Award finding in favor of Michaels and against Jones. A copy of the Arbitration Award was served on both parties by the American Arbitration Association and is attached hereto as Exhibit A.

         The Court finds it has original jurisdiction over this matter pursuant to 28 U.S.C. § 1332(a)(1) because the amount in controversy exceeds $75, 000 and the parties are citizens of different states. Specifically, Jones is a citizen of Louisiana, and Michaels is a citizen of Texas and Delaware. The Court further finds that the United States District Court for the Middle District of Louisiana is a proper venue for the confirmation of the Arbitration Award.

         The Federal Arbitration Act, 9 U.S.C. § 9, requires a court to confirm an arbitration award “unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11” of the FAA. 9 U.S.C. § 9; see Kergosien v. Ocean Energy, Inc., 390 F.3d 346, 352-53 (5th Cir. 2004) (“If an [arbitration] award is rationally inferable from the facts before the arbitrator, the award must be affirmed.”) overruled on other grounds by Hall St. Assoc., LLC v. Mattel, Inc., 552 U.S. 576, 584-86 (2008). Here, Jones has urged no grounds to vacate, modify or correct the award. Therefore, as a matter of law, Michaels is entitled to confirmation of the Award dated September 10, 2018. Accordingly, the Court finds as follows:

         ORDER

         IT IS HEREBY ORDERED that the Application is GRANTED and the Final Arbitration Award dated September 10, 2018 in the matter between Michaels and Jones, a true and correct copy attached hereto as Exhibit A and incorporated by reference herein, is CONFIRMED in its entirety.

         JUDGMENT

         The Court having granted Michaels' Application issues JUDGMENT as follows:

         1) The Final Arbitration Award dated September 10, 2018 is confirmed in its entirety;

         2) Respondent's Motion to Dismiss is GRANTED and Claimant's claim is dismissed with prejudice;

         3) The administrative fees and expenses of AAA are to be borne as incurred pursuant to the provisions ...


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