Summary
The United States District Court for the Western District of Oklahoma denied without prejudice JE Dunn Construction Company’s motion to confirm an arbitration award and reduce it to judgment. The court concluded that postponing confirmation was warranted because related claims remained pending, JE Dunn had not shown undue prejudice from delay, and J&J Hudson indicated that it intended to challenge the award. The court noted that the statutory period for seeking vacatur had not expired.
Holdings
- A court may postpone confirmation and entry of judgment on an arbitration award for prudential reasons, including the pendency of related claims, when the circumstances warrant such relief.
- Confirmation and entry of judgment should be postponed, and JE Dunn's motion should be denied without prejudice to refiling at a later date.
Questions Presented
- Whether the court should postpone confirmation and entry of judgment on JE Dunn's arbitration award while related claims remained pending in the consolidated action.
- Whether the circumstances, including J&J's stated intent to challenge the award and the unexpired statutory deadline for seeking vacatur, warranted denying the motion without prejudice.
Disposition
other
Cases Cited (7)
- Wilbanks Sec., Inc. v. McFarland, 231 P.3d 714, 719 n.11 (Okla. Civ. App. 2010)(followed)
- Hall St. Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576, 582 (2008)(followed)
- Hewlett-Packard Co. v. Berg, 61 F.3d 101, 105 (1st Cir. 1995)(persuasive)
- White River Vill., LLP v. Fid. & Deposit Co. of Maryland, No. 08-CV-00248-REB-MEH, 2014 WL 976881, at *2 (D. Colo. Mar. 12, 2014)(persuasive)
- Abbott v. Mulligan, 647 F. Supp. 2d 1286, 1292 (D. Utah 2009), aff'd sub nom. Abbott v. L. Off. of Patrick J. Mulligan, 440 F. App'x 612 (10th Cir. 2011)(persuasive)
- Middleby Corp. v. Hussmann Corp., 962 F.2d 614, 616 (7th Cir. 1992)(persuasive)
- Loda Okla., LLC v. Overall, No. 13-CV-191-GKF-FHM, 2014 WL 12704716, at *2 (N.D. Okla. Oct. 9, 2014)(persuasive)
Cited In (0)
No citing cases on record yet.
Court Document
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