Opinion

GOINES v. TITLEMAX OF VIRGINIA, INC

Court
District Court, M.D. North Carolina
Filed
Aug 27, 2021
Cited by
0 cases
Authority
More cited than 24.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

AARON GOINS, et al., )

)

Plaintiffs, )

)

v. ) 1:19CV489

)

TITLEMAX OF VIRGINIA, INC., et al., )

)

Defendants, )

)

MEMORANDUM OPINION AND ORDER

LORETTA C. BIGGS, District Judge.

Before the Court is a Motion for Confirmation of Arbitration Award by Defendant

TitleMax of South Carolina, Inc. (“TitleMax”). (ECF No. 90.) The motion requests that the

Court confirm the Final Award issued by the American Arbitration Association (“Final

Award”) pursuant to 9 U.S.C. § 9 (2018) and enter judgment on behalf of TitleMax against

Plaintiff Davie Stephen Dawkins consistent with the Final Award. (Id.) Dawkins opposes the

motion, arguing that because he lost at Arbitration and makes no further claim against

TitleMax, the issue is moot and there is now no case or controversy. (ECF No. 97 at 2.)

Dawkins asks instead that the Court dismiss his claims with prejudice. (Id.)

Courts are divided on whether a federal court may confirm an arbitration award where

there is no “live controversy between the parties regarding the award necessitating judicial

enforcement.” See Brown & Pipkins, LLC v. SEIU, 846 F.3d 716, 729 n.2 (4th Cir. 2017).

Courts that decline to confirm arbitration awards where no dispute exists are animated by: (1)

“the prudential values of Article III, which militate against ministerial confirmation of awards

in the absence of a concrete dispute;” (2) the risk of “injecting the courts improperly into the

arbitration process;” and (3) judicial economy. Derwin v. General Dynamics Corp., 719 F.2d 484,

491 (1st Cir. 1983); see 1199 SEIU United Healthcare Workers E. v. Civista Med. Ctr., Inc., 10-CV-

0479, 2011 WL 310486, at *4 (D. Md. Jan. 28, 2011). These concerns are particularly relevant

in labor cases, where parties seek to resolve future disputes by seeking judicial sanctions for

violation of a confirmation order rather than by seeking arbitration. See Local 241 of United

Mine Workers of Am. v. Consol. Coal Co., 682 F. Supp. 399, 400 (S.D. Ill. 1988). Courts that

confirm uncontested arbitration awards, on the other hand, reason that confirmation “is a

summary proceeding” designed as “the final step in arbitration proceedings,” Teamsters Loc.

177 v. United Parcel Serv., 966 F.3d 245, 252–53 (3d Cir. 2020), and that it is inefficient for a

court to make “complex factual determinations” in each case about whether an arbitration

award is in fact uncontested, Zeiler v. Deitsch, 500 F.3d 157, 169 (2d Cir. 2007). See also Florasynth,

Inc. v. Pickholz, 750 F.2d 171, 176 (2d Cir. 1984).

The Fourth Circuit has not decided whether courts in this Circuit can confirm an

uncontested arbitration award. Brown & Pipkins, LLC, 846 F.3d at 729 n.2. The Fourth Circuit

has agreed that a confirmation proceeding “is intended to be summary.” Taylor v. Nelson, 788

F.2d 220, 225 (4th Cir. 1986) (citing Florasynth, Inc., 750 F.2d at 176).

In this case, the Court will summarily confirm the award. The Court sees no risk in

this case of “injecting the courts improperly into the arbitration process.” Unlike in many of

the labor cases cited above, TitleMax and Dawkins have no continuing relationship that would

require future arbitration. The Court is highly concerned, however, about judicial economy.

This case involves hundreds of individual plaintiffs, each with his or her own arbitration. The

most efficient course for the parties would be, in cases where no monetary award has been

made and the arbitration award is uncontested, to merely notify the Court of the outcome of

the arbitration without filing for confirmation of the award. Given that the Final Award in

this case resolved all disputes between the parties, judicial confirmation of that Award appears

to the Court to be unnecessary. However where, as here, TitleMax has moved for

confirmation, the most efficient course for this Court is to summarily confirm the uncontested

Final Award.

For the foregoing reasons, the Court will confirm the uncontested arbitration award.

ORDER

IT IS THEREFORE ORDERED that the Motion for Confirmation of Arbitration

Award, (ECF No. 90), is GRANTED.

Judgment dismissing claims will be entered simultaneously.

This, the 26th day of August 2021.

/s/ Loretta C. Biggs

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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