Free Application - District Court of Arizona - Arizona

1 Kandace B. Majoros (#16303) Jill J. Chasson (#19424) 2 Stephen B. Coleman (#021715) 3 PERKINS COIE BROWN & BAIN P.A. 2901 North Central Avenue 4 Post Office Box 400 Phoenix, Arizona 85001-0400 5 (602) 351-8000 6 [email protected] [email protected] 7 Attorneys for Defendant Sheraton Phoenician Corporation 8 9 10 11 12 13 14 v. Patricia D. Giles, Plaintiff, No. CIV-03-1219-PHX-RGS APPLICATION FOR ORDER CONFIRMING ARBITRATION AWARD UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

15 The Phoenician Resort, 16 Defendant. 17 18 19 20 Phoenician Corporation (the "Phoenician") (incorrectly named in Plaintiff's Complaint as 21 "The Phoenician Resort") submits this application for an order confirming the arbitration 22 award in the dispute involving the parties to this action. 23 As the Court may recall, Plaintiff filed this action on June 26, 2003. On May 19, 24 2004, the Court granted the Phoenician's petition for an order compelling arbitration and 25 stayed this action. Plaintiff filed a demand for arbitration with the American Arbitration 26 Association ("AAA") on October 25, 2004, and an evidentiary hearing was conducted Pursuant to the Federal Arbitration Act, 9 U.S.C. § 9, Defendant Sheraton

Case 2:03-cv-01219-RGS

Document 19

Filed 09/01/2005

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

before duly appointed Arbitrator Robert S. Carabell on May 9-11, 2005. The Arbitrator issued a written award in favor of the Phoenician on August 12, 2005. submitted with this Application: the parties' Mutual Agreement to Arbitrate (Exhibit A); a letter from the AAA Case Manager confirming the appointment of Mr. Carabell as the arbitrator in this matter (Exhibit B); and the Award of Arbitrator (Exhibit C). Based upon the foregoing, the Phoenician respectfully requests that this Court grant its application and issue an order (1) entering judgment upon the arbitration award in favor of the Phoenician, and (2) dismissing this action with prejudice. RESPECTFULLY SUBMITTED this 1st day of September, 2005. PERKINS COIE BROWN & BAIN P.A. In accordance with 9 U.S.C. § 13, copies of the following documents are

By s/Jill J. Chasson __________________ Kandace B. Majoros Jill J. Chasson Stephen B. Coleman 2901 North Central Avenue Post Office Box 400 Phoenix, Arizona 85001-0400 Attorneys for Defendant Phoenician Corporation Sheraton

Case 2:03-cv-01219-RGS

Document 19

-2-

Filed 09/01/2005

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

CERTIFICATE OF SERVICE I hereby certify that on September 1, 2005, I electronically transmitted the attached documents to the Clerk's Office using the CM/ECF System for filing. I hereby certify that on September 1, 2005, I served the attached document by first class mail on Judge Roger G. Strand, United States District Court of Arizona, 401 West Washington Street, Phoenix, Arizona 85003-2118. I hereby certify that on September 1, 2005, I served the attached document by first class mail on the Plaintiff, who is not a registered participant of the CM/ECF System: Patricia D. Giles P.O. Box 3486 Scottsdale, Arizona 85271

s/ Beckie Remley

Case 2:03-cv-01219-RGS

Document 19

-3-

Filed 09/01/2005

Page 3 of 3