Garvey

MEMORANDUM ***

Former professional baseball player Steve Garvey (“Garvey”) appeals the district court’s final order dated January 31, 2002 denying his motion to vacate the arbitration awards which rejected his claim for recovery from Major League Baseball’s Collusion Fund and dismissing his claims with prejudice.

On July 11, 2001 we remanded this case to the district court for further proceedings consistent with the decision of the United States Supreme Court in Major League Baseball Players Association v. Steve Garvey, 532 U.S. 504 , 121 S.Ct. 1724 , 149 L.Ed.2d 740 (2001). Garvey v. Roberts, 255 F.3d 1153 (9th Cir.2001). The district court then denied Garvey’s motion to vacate the arbitration awards and entered judgment against Garvey. Garvey now appeals arguing that the district erred in denying his motion to vacate the arbitrator’s awards and not remanding the case to the arbitrator for further arbitration.

The district court’s denial of Garvey’s motion was mandated by the Supreme Court’s opinion. On May 14, 2001 the Supreme Court held that we had erred in reversing the arbitration awards which the district had confirmed. “[T]he Court of Appeals erred in reversing the order…