Best In Class Suppliers, LLC v. Incipio, LLC

United States District Court for the Western District of Arkansas

Best In Class Suppliers, LLC v. Incipio, LLC

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION BEST IN CLASS SUPPLIERS, LLC PLAINTIFF V. CASE NO. 5:19-CV-05046 INCIPIO, LLC DEFENDANT ORDER CONFIRMING ARBITRATION AWARD Now pending before the Court are Plaintiff Best in Class Suppliers, LLC's ("BIC") Application to Confirm Arbitration Award (Doc. 32) and Brief in Support (Doc. 33). Defendant Incipio, LLC, is represented by counsel and received electronic notice of BIC’s Application but did not file a response in opposition. The Court has reviewed the arbitrator's final award (Doc. 32-1) and finds as follows: (1) On September 6, 2019, the Court granted Incipio’s motion to compel arbitration and ordered the parties to arbitrate the dispute between them. See Doc. 31. (2) On August 9, 2022, the arbitrator dismissed all of Incipio’s claims and entered

a final award in favor of BIC. (3) The arbitrator's award (Doc. 32-1) grants BIC judgment in the amount of $1,442,517.48, plus $505,473.93 in pre-judgment interest, with post-judgment interest to

accrue as of the award’s date. (4) The Federal Arbitration Act,

9 U.S.C. §§ 9-11

, authorizes judicial review for the purpose of confirming, vacating, or modifying arbitration awards. Hall Street Assocs., L.L.C. v. Mattel, Inc.,

552 U.S. 576, 582

(2008). Courts “must confirm an arbitration award unless it is vacated, modified, or corrected as prescribed in §§ 10 and 11.” /d. (internal quotations omitted).

(5) BIC requests that this Court confirm the arbitration award, and that request is unopposed by Incipio. (6) Venue to confirm the award is appropriate in this Court. See Cortez Byrd Chips, Inc. v. Bill Harbert Constr. Co.,

529 U.S. 193, 195

(2000);

28 U.S.C. § 1391

. IT IS THEREFORE ORDERED that Plaintiffs Application to Confirm Arbitration Award (Doc. 32) is GRANTED. The i CONFIRMED. IT IS SO ORDERED on this do day of Senter 2022. (42 METHYL. BROOKS ONITED’STALES DISTRICT JUDGE

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