United States District Court, M.D. Louisiana
JOINT PROPOSED ORDER CONFIRMING ARBITRATION AWARD AND
W. deGRAVELLES DISTRICT JUDGE.
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.
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.
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.
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
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.
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
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.
Court having granted Michaels' Application issues
JUDGMENT as follows:
Final Arbitration Award dated September 10, 2018 is confirmed
in its entirety;
Respondent's Motion to Dismiss is GRANTED and
Claimant's claim is dismissed with prejudice;
administrative fees and expenses of AAA are to be borne as
incurred pursuant to the provisions ...