United States District Court, W.D. North Carolina, Asheville Division
Reidinger United States District Judge
MATTER is before the Court on the Plaintiff's
Motion to Confirm Arbitration Award and Enter Judgment [Doc.
present motion, the Plaintiff Tribal Casino Gaming Enterprise
(“TCGE”), seeks confirmation of an arbitration
award issued in its favor against the sole remaining
Defendant, Metromont Corporation
(“Metromont”). [Doc. 46].
October 10, 2017, to October 27, 2017, the parties conducted
an arbitration hearing before an arbitration panel appointed
in accordance with the arbitration provision of the
parties' contract. The arbitration panel rejected all
claims associated with one of the two structures in issue,
referred to by the parties as the “Hotel Deck”,
which is the subject of a companion case,
1:16-cv-00030-MR-DLH. Prior to an award being entered by the
arbitration panel, TCGE reported to the arbitration panel
that the amount of its settlement with W.G. Yates & Sons
Construction Company and Rentenbach Constructors Incorporated
(collectively, “Yates/Rentenbach”) attributable
to the claims set forth in this action regarding the
“Casino Deck” was $150, 000.00.
the arbitration hearing, the arbitration panel delivered its
Decision and Award (the “Award”) to the parties
on December 14, 2017, which, among other things, awarded the
sum of $3, 700, 000.00 to TCGE from Metromont, less the
amount of the settlement between TCGE and Yates/Rentenbach
attributable to the claims concerning the Casino Deck, plus
interest from April 15, 2016, until paid. [Doc. 46-2].
filed a Motion to Vacate the Award on January 13, 2018. [Doc.
42]. Metromont, however, withdrew that motion six days later.
[Doc. 45]. Prior to the withdrawal of the Motion to Vacate,
on January 17, 2018, Metromont paid and satisfied the Award
in full, including all accrued interest. The parties agree
that TCGE is not entitled to any additional interest or other
relief in connection with the Award.
February 15, 2018, TCGE filed the present Motion to Confirm
Arbitration Award and Enter Judgment. [Doc. 46]. Metromont
filed a Response, arguing that while Metromont did not object
to confirmation of the Award, the entry of Judgment is not
necessary because the Award already has been paid.
Accordingly, Metromont asks this Court to confirm the Award
but then dismiss this action. [Doc. 48].
Federal Arbitration Act (“the Act”) provides, in
pertinent part, as follows:
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, and shall specify the court, 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
9 U.S.C. § 9. The Act further provides that the judgment
must be docketed as if it had been rendered in an action. 9
U.S.C. § 13. The Act simply does not allow for the
procedure advocated by Metromont with regards to confirmation
and dismissal of the underlying Award. Nor is there any legal
or contractual basis warranting a dismissal of the
Plaintiff's action. Rather, the proper procedure is for
the Court to confirm the Award and docket the same as a
judgment of the Court. Upon entry of the Judgment, the
Plaintiff shall file a Satisfaction of Judgment acknowledging
that the Award has been paid.
IS, THEREFORE, ORDERED that the Plaintiff's
Motion to Confirm Arbitration Award [Doc. 46] is
IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
Award is hereby CONFIRMED, and Judgment is
hereby entered against the Defendant Metromont Corporation
and in favor of the Plaintiff in the amount of Three Million
Seven Hundred Thousand Dollars ($3, 700, 000.00), less a
credit in the amount of One Hundred Fifty Thousand Dollars
($150, 000.00), the amount paid by Yates/Rentenbach in
settlement of the Plaintiff's claims for damages relating
to the Casino Deck, together with interest on the net
principal amount at the applicable legal rate of eight
percent (8%) from April 15, 2016, until January 17, 2018, the
date that the Award was satisfied.
IS FURTHER ORDERED that the Plaintiff shall file a
Satisfaction of Judgment acknowledging that the Award has
been paid within seven (7) days of the entry of this Order.
Clerk of Court is respectfully directed to prepare and enter