Winer et al v. Eagle Bullion Group, Inc. et al

Filing 47

ORDER Confirming Arbitration Award re 45 Supplemental MOTION for Judgment Clarification. The Clerk will enter this Court's judgment on this award. Plaintiffs are awarded costs, and are directed to file a Bill of Costs in accordance with LR 54-1 of the Local Rules of Practice for the United States District Court, District of Nevada. Signed by Chief Judge Gloria M. Navarro on 7/16/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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Case 2:11-cv-01268-GMN-VCF Document 45-3 Filed 07/11/14 Page 2 of 3 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ___________________________________X Leo Winer and Michael J. Pepitone, Plaintiffs Vs. Case No: 2:11-cv-01268-GMN-VCF 11cv 01268 (GMN-VCF) Eagle Bullion Group, Inc. Eric Weigand, MD Young Financial Inc., Integrity Capital Holdings Co., Michael D. Young, Terry Sacka, Sidney Sacka, Defendants ___________________________________X ORDER CONFIRMING ARBITRATION AWARD (9 U.S.C. §9) On February 2, 2014, the Plaintiffs moved pursuant to 9 USC §9, to confirm the award of the arbitrators in this case. The Defendants defaulted on the motion. The court has considered the affirmation in support of the motion, and the exhibits attached to the affirmation including the arbitration award. It appears to the satisfaction of the court that the court has jurisdiction over this matter, and that the award of the arbitrator[s] dated August 20, 2013 was properly made and that there is no basis for vacating, modifying, or correcting that award. It also appears to the satisfaction of the court that the arbitration award is intended to be final and binding on the parties, so that this Court has the power to confirm it under the provisions of Section 9 of the Federal Arbitration Act [9 U.S.C. § 9]. Therefore, IT IS ORDERED THAT JUDGMENT BE ENTERED in conformity to the arbitration award as follows: 1. Respondent Eagle Bullion Group, Inc. shall pay to Leo Winer the sum of THIRTY FOUR THOUSAND SIX HUNDRED NINETY-TWO DOLLARS AND THIRTY-TWO CENTS ($34,692.32) plus interest on said sum at the Florida statutory rate of interest from August 31, 2010 until paid in full. 2. Respondent Eagle Bullion Group, Inc. shall pay to Michael J. Pepitone the sum of FOR2. Respondent Eagle Bullion Group, Inc. shall pay to Michael J. Pepitone the sum of FORTY TY-EIGHT THOUSAND THREE HUNDRED TWENTY ONE DOLLARS AND TWENTY EIGHT THOUSAND THREE HUNDRED TWENTY ONE DOLLARS AND TWENTY CENTS CENTS ($48,321.20) plus on said sum at the Florida statutory rate of interest from August August ($48,321.20) plus interest interest on said sum at the Florida statutory rate of interest from 31, 2010 until paid in full. 31, 2010 until paid in full. 3. Respondent Eagle Bullion Group, Inc. shall pay Leo Winer and Michael J. Pepitone, the sum of TWENTY SEVEN THOUSAND FOUR HUNDRED SEVENTY THREE DOLLARS AND FIFTY-ONE CENTS ($27,473.51) being costs incurred and awarded to them jointly and severally in the underlying arbitration proceeding. 4.. The Clerk will enterenter Court's judgment on this award; and and 4. The Clerk will this this Court's judgment on this award; Page 1 of 2 Case 2:11-cv-01268-GMN-VCF Document 45-3 Filed 07/11/14 Page 3 of 3 5. Plaintiffs are awarded costs, and are directed to file a Bill of Costs in accordance with LR 5. Costs ofLocal as taxed by the Clerk,the United States District Court, District of Plaintiffs jointly 54-1 of the suit, Rules of Practice for are awarded to ___________________the Nevada. and severally. IT IS SO ORDERED this 16th day of July, 2014. Dated: July 14, 2014 ____________________ 15th ______________________ [signature] UNITED STATES DISTRICT JUDGE ________________________________ Gloria M. Navarro, Chief Judge United States District Court Page 2 of 2

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