Morgan Stanley Smith Barney, LLC et al v. Monaco

Filing 16

ORDER ON RECOMMENDATION ON PETITION TO CONFIRM ARBITRATION AWARD: The 15 Magistrate Judge's Recommendation on Petition to Confirm Arbitration Award is ADOPTED in its entirety as an order of this Court. The 1 Petitioners' Petition to Confirm Arbitration Award is GRANTED. By Judge Raymond P. Moore on 10/21/2014. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 14-cv-00275-RM-MJW
MORGAN STANLEY SMITH BARNEY LLC, and
MORGAN STANLEY SMITH BARNEY FA NOTES HOLDINGS LLC,
Petitioners,
v.
LEOPOLD T. MONACO a/k/a LEOPOLD THOMAS MONACO,
Respondent.
______________________________________________________________________________
ORDER ON RECOMMENDATION
ON PETITION TO CONFIRM ARBITRATION AWARD (ECF NO. 15)
______________________________________________________________________________
THIS MATTER is before the Court on Magistrate Judge Michael J. Watanabe’s
Recommendation on Petition to Confirm Arbitration Award (ECF No. 15) dated August 26,
2014, recommending Petitioners’ Petition to Confirm Arbitration Award (ECF No. 1) be granted,
that judgment be entered in favor of Petitioners in accordance with the award, and that attorneys’
fees and costs be awarded. The Recommendation is incorporated herein by reference. See 28
U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).
The Recommendation advised the parties that specific written objections were due within
fourteen days after being served with the Recommendation. (ECF No. 15, page 6.) The time
permitted for any objections has expired and no objections to the Recommendation have been
filed.
The Court has reviewed the Recommendation and relevant materials. The
Recommendation found the elements required for confirming the award have been met, i.e., an

agreement to binding arbitration, a timely petition to confirm the award, the service of the
petition on the adverse party, and the filing of the petition in an appropriate court. On review,
the Court finds that the award was made on May 30, 2013, instead of May 20, 2013, but
nonetheless agrees the Petition was timely filed. In addition, the Court finds the award is to run
from February 15, 2010, and the attorneys’ fees and costs awarded in arbitration total
$23,873.00 1 rather than $25,273.00. The Court concludes that the Magistrate Judge’s analysis
was otherwise thorough and sound, with no clear error of law or abuse of discretion. See Fed. R.
Civ. P. 72(b) advisory committee’s note (“When no timely objection is filed, the court need only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.”); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (“In the
absence of timely objection, the district court may review a magistrate’s report under any
standard it deems appropriate.”).
In accordance with the foregoing, the Court ORDERS as follows:
1.

That the Magistrate Judge’s Recommendation on Petition to Confirm Arbitration
Award (ECF No. 15), as modified herein, is ADOPTED in its entirety as an order
of this Court;

2.

That the Petitioners’ Petition to Confirm Arbitration Award (ECF No. 1) is
GRANTED;

3.

That the Clerk of the Court shall enter judgment in favor of Petitioners Morgan
Stanley Smith Barney LLC and Morgan Stanley Smith Barney FA Notes
Holdings LLC, and against Respondent Leopold T. Monaco a/k/a Leopold

$22,873.00 in attorneys’ fees and costs, plus $1,000.00 as reimbursement for the non-refundable
portion of Petitioners’ initial claim filing fee. (ECF No. 1-7, pages 6, 7.)

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