Hazlewood

MEMORANDUM **

Karen Hazlewood, Jeff Spinello and Thomas Kinkade at the Downtown Mall, LLC, (collectively, “Hazlewood”) appeal the district court’s June 6 and July 18, 2007 orders vacating an arbitration award in their favor. The Thomas Kinkade Company, LLC, and Richard Barnett (collectively, “TKC”) appeal the district court’s August 29, 2007 order granting a motion for a limited rehearing before a new arbitration panel. We reverse the district court’s orders and direct reinstatement of the arbitration award.

We are satisfied that, taken together, the numerous orders entered by the district court constitute a final judgment giving us jurisdiction over this appeal. 9 U.S.C. § 16 (a)(3) and 28 U.S.C. § 1291 .

The district court divided the arbitration award into two components for purposes of evaluation. First, it considered the award on the merits and vacated it in an order dated June 6. In so doing, it erred by failing to afford arbitration the deference required by federal law. See Coutee v. Barington Capital Group, 336 F.3d 1128 , 1132 (9th Cir.2003). We are satisfied that the First Amended Complaint adequately gave TKC notice and an opportunity to be heard on the issue of…