Opinion
Case No.: 2:01-cv-0089.
April 1, 2010
ORDER
This matter is before the Court on Defendant Express Payroll Advance's Motion to Confirm the Arbitration Award Issued December 16, 2009 (Doc. 104). Plaintiff Savage has not filed a Motion to Modify, Vacate or Correct the Award.
Plaintiff Lonnie J. Savage initiated this case on January 30, 2001, against Defendants Stephen J. Hatcher Esq., Stephen J. Hatcher Co., L.P.A. (collectively "Hatcher Defendants"), and Buckeye Check Cashing, II, Inc. d/b/a/Express Payroll Advance ("Express"). Plaintiff alleged violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and violations of the Ohio Consumer Sales Practices Act ("OCSPA"), O.R.C. § 1345.01 et seq.
On March 16, 2001, Express filed its Motion to Stay this Action and Compel Arbitration, or in the alternative, to dismiss. Subsequently, the Hatcher Defendants filed a motion for judgment on the pleadings on March 19, 2001 (Doc. 12). The Court granted the Hatcher Defendants' Motion on March 7, 2002 (Doc. 33), dismissing the federal claim. Since all federal claims were dismissed, the Court refused to exercise supplemental jurisdiction over the state law claims. The Sixth Circuit later partially reversed the decision and remanded the case back to this Court. See Savage v. Hatcher, No. 03-3437 (6th Cir. Sep. 7, 2004). Both the Plaintiff and the Hatcher Defendants have since filed motions for summary judgment. Defendant Express once again filed a motion to stay the proceedings and to compel arbitration, or in the alternative to dismiss or for summary judgment. On May 31, 2005, the Court granted Defendant's motion to stay and compel arbitration and dismissed the pending motions for summary judgment without prejudice (Doc. 87).
On April 27, 2009, the Court again ordered Plaintiff to arbitrate his claims against Express. On June 29, 2009, Plaintiff submitted his Claim to the AAA. On December 16, 2009, the arbitrator issued his final Award in favor of Express, in case number 11 148 01326 09.
Express now seeks judgment confirming the Award pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 9, which specifically provides that:
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 (emphasis added).
Pursuant to 9 U.S.C. § 12, "[n]otice of a motion to vacate, modify or correct an award must be served upon the adverse party or his attorney within three months after the award is filed or delivered." Plaintiff Lonnie Savage filed a Notice with the Court that he intended to file a motion to vacate, modify or correct the December 16, 2009 Arbitration Award no later than March 16, 2010 — within three months after the award was filed. (Doc. 105). Plaintiff, however, did not file such a motion on or before March 16, 2010. Plaintiff's counsel has since notified the Court to state that Plaintiff would not appeal the arbitration decision and not oppose the motion to confirm.
The Court has reviewed the arbitration award and with no opposition by Plaintiff, orders that the arbitration award be confirmed.
For all of the foregoing reasons, the Court GRANTS Defendant's Motion to Confirm the Arbitration Award Issued December 16, 2009 (Doc. 104). The Arbitration Award issued in AAA Case Number 11 148 01326 09 and attached as Exhibit A to Defendant's Motion is hereby confirmed. Accordingly, Plaintiff's claims against Express are dismissed with prejudice and final judgment shall be entered in favor of Express.
The Clerk shall remove Document 104 from the Court's pending motions list.
The Clerk shall remove this case from the Court's pending cases list.