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United States v. Active Construction, Inc.

United States District Court, W.D. Washington, Seattle

March 23, 2018

UNITED STATES OF AMERICA, for the Use and Benefit of ARRIBA CONSTRUCTION, INC., and ARRIBA CONSTRUCTION, INC., a Washington corporation; Plaintiffs,
v.
ACTIVE CONSTRUCTION, INC., a Washington corporation, and LIBERTY MUTUAL INSURANCE COMPANY, Miller Act Performance and Payment Bond

          MARSTON LEX5AL, PLLC Terry R. Marstorr II Attorneys for Defendants Active Construction, Inc. and Liberty Mutual Insurance Company

          [PROPOSED] ORDER ON DEFENDANTS' POST-ARBITRATION MOTIONS TO LIFT STAY, CONFIRM AWARD, ENTER JUDGMENT, AND DISMISS PLAINTIFF'S CLAIMS WITH PREJUDICE

          ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE.

         THIS MATTER having come on for hearing before the undersigned Judge of the above-entitled Court on Defendant's Motions to lift stay, to confirm arbitration award, to enter judgment on arbitration award, and to dismiss Plaintiffs claims with prejudice.

         The Court, having considered the motions and the documents on file and being otherwise fully advised in the premises, finds that Plaintiff Arriba Construction, Inc's construction contract provided for binding arbitration of its claims with Defendant Active Construction, Inc.; that Plaintiff and Defendant Active Construction, Inc. asserted claims and counter-claims against each governed by the arbitration agreement; that the parties stipulated to the entry of a stay in this action pending completion of arbitration of their claims; that that arbitration has been completed and an award rendered; that Defendant Active Construction, Inc. was the prevailing party in the arbitration, receiving a total award of $95, 934.26 (consisting of a principal amount of $92, 034.26 plus $3, 900.00 for AAA administrative and arbitrator's fees); that Plaintiff received nothing on its claim(s); and that Defendants are entitled to have the stay lifted, the arbitration award confirmed, judgment entered on the arbitration award; and dismissal with prejudice of Plaintiffs claims against Active Construction, Inc. and Liberty Mutual Insurance Company. Now, therefore, it is HEREBY

         ORDERED, ADJUDGED AND DECREED that the Motions of Defendants are GRANTED and

1) the stay in this action is vacated;
2) the 11/6/17 AAA arbitration award (Appendix A here) is confirmed;
3) Defendant Active Construction, Inc. is granted judgment against Plaintiff Arriba Construction, Inc. in the amount of $95, 934.26; and
4) the claims of Plaintiff Arriba Construction, Inc. against Active Construction, Inc., and against Liberty Mutual Insurance Company (and its Bond No. 023Q28040) are dismissed with prejudice.

         Appendix A

         AMERICAN ARBITRATION ASSOCIATION

         Construction Industry Arbitration Tribunal

         In the Matter of the Arbitration between Re: ACTIVE ...


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