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1 2 ARIZONA SUPERIOR COURT 3 MARICOPA COUNTY 4 5 6 7 8 9 BLUE LINE EQUIPMENT, LLC, an Arizona limited liability company; SAPPHIRE SCIENTIFIC, INC., an Arizona corporation; and SKAGIT NORTHWEST HOLDINGS, INC., a Washington corporation, Applicants/Plaintiffs / (AAA Respondents), v. No. CV2010-026991 [Proposed] ORDER TO REMAND ARBITRATION AWARD FOR CLARIFICATION SHAWN LORENZO YORK, Respondent/Defendant / (AAA Claimant) 10 11 12 13 14 15 16 Pleadings in this case are being filed by Mr. York in Propria Persona. Accordingly, pleadings are to be considered without regard to technicalities. Pro se pleadings are not to be held to the same high standards of perfection as practicing lawyers. See Hulsey v. Ownes 63 F3d 354 (5th Cir 1995) and Hall v. Bellmon 935 F.2d 1106 (10th Cir. 1991). In Puckett v. Cox, it was held that a pro se pleading requires less stringent reading than one drafted by a lawyer (456 F2d 233 (1972 Sixth Circuit USCA). Justice Black in Conley v. Gibson, 355 U.S. 41 at 48 (1957) has stated; "The Federal Rules rejects the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." Rule 8(f) FRCP and the State Court rule holds that “all pleadings shall be construed to do substantial justice." 17 This proposed order is an extension of Mr. York’s “OPPOSITION TO 18 CONFIRMATION (A.R.S. §12-1512)” and “Motion To Correct (JOINED IN THE 19 ALTERNATIVE TO VACATE)”. Defendant has motioned with good cause to stay 20 21 22 23 24 25 26 Plaintiff’s application to confirm the arbitration award pending issuance of clarification from the arbitrator and has reserved the right to submit “final” opposition and motion to vacate upon receipt of the arbitrator’s clarifications without objection from the court. The Clarification Exception to the Functus Officio doctrine is wholly applicable here. The arbitrator is not being requested (nor is she empowered) to revisit or re- -1-


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