UBS Financial Services Inc. v. Berger

Filing 48

ORDER CONFIRMING ARBITRATION AWARD AND ENTERING DEFAULT JUDGMENT AGAINST DEFENDANT re 42 Order to Show Cause, 23 MOTION to Confirm Arbitration Award filed by UBS Financial Services Inc., 34 MOTION for Entry of Default Judgment Against Respondent Henrique Berger filed by UBS Financial Services Inc. Signed by Judge Jon S. Tigar on August 27, 2014. (wsn, COURT STAFF) (Filed on 8/27/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UBS FINANCIAL SERVICES INC.,

Case No. 13-cv-03770-JST

Plaintiff,
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v.
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HENRIQUE BERGER,
Defendant.

ORDER CONFIRMING ARBITRATION
AWARD AND ENTERING DEFAULT
JUDGMENT AGAINST DEFENDANT
Re: ECF Nos. 23, 34, 42

United States District Court
Northern District of California

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On March 11, 2014, Plaintiff filed a motion for confirmation of an arbitration award

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against Defendant. ECF No. 23. At the time, this case was before Judge Beeler, who ordered

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Plaintiff to take additional steps to ensure service of the motion on Defendant. See ECF Nos. 26,

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27, 28. On April 9, 2014, Plaintiff filed a motion for entry of default judgment against Defendant.

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ECF No. 34.

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Pending reassignment of this case to Judge Tigar, see ECF No. 38, Judge Beeler issued a

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Report and Recommendations proposing that this Court grant Plaintiffs’ motions. ECF No. 37.

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On May 13, 2014, this Court adopted Judge Beeler’s Report and Recommendations and ordered

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service of the Report and Recommendations on Defendant. ECF No. 40.

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Defendant failed to object to this Court’s adoption of the Report and Recommendations, so

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the Court issued an Order to Show Cause why Plaintiff’s motions for confirmation of the

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arbitration award and for entry of default judgment should not be granted. ECF No. 42. In that

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Order to Show Cause, the Court advised Defendant that failure to respond to the Order would

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result in Plaintiffs’ motions being granted. Id. Defendant failed to respond to the Order to Show

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Cause by the August 26, 2014 deadline.

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Accordingly, and for the reasons set forth in Judge Beeler’s Report and Recommendations,
the Court hereby GRANTS Plaintiff’s motions for confirmation of the arbitration award and for

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entry of default judgment.
IT IS SO ORDERED.
Dated: August 27, 2014
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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