MERRILL LYNCH, PIERCE, FENNER & SMITH INC. v. MILNES
Filing
18
MEMORANDUM AND ORDER THAT RESPONDENT'S CROSS MOTION TO VACATE APPLICATION/PETITION IS DENIED. PETITIONER'S PETITION TO CONFIRM ARBITRATION AWARD AND FOR ENTRY OF FINAL JUDGMENT IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF MERRILL LYNCH, PIER CE, FENNER & SMITH INC. AND AGAINST JAMES A. MILNES AS FOLLOWS: COMPENSATORY DAMAGES: $134,204.50, INTEREST: $18,018.72, ATTORNEYS' FEES: $81,758.21. TOTAL JUDGMENT: $233,981.43. RESPONDENT SHALL PAY INTEREST ON THE AWARD AT THE RATE OF SIX PERCENT FROM THE DATE OF THE PANEL'S AWARD UNTIL THE ENTRY OF JUDGMENT IN THIS CASE AND THEN AT THE RATE ESTABLISHED BY 28 USC SECTION 1961. RESPONDENT SHALL PAY ALL ATTORNEYS' FEES AND COSTS INCURRED BY PETITIONER IN OPPOSI NG RESPONDENT'S CROSS MOTION TO VACATE APPLICATION/PETITION. PETITIONER SHALL SUBMIT AN ITEMIZED LIST OF ATTORNEYS' FEES AND COSTS FOR REVIEW WITHIN 10 DAYS OF THIS ORDER. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 4/8/14. 4/9/14 ENTERED & E-MAILED. COPY FAXED BY CHAMBERS.(fdc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MERRILL LYNCH, PIERCE, FENNER
& SMITH INC.
v.
JAMES A. MILNES
:
:
:
:
:
:
MISCELLANEOUS
NO. 11-260
ORDER
AND NOW, this 8th day of
April
, 2014, upon consideration of Petitioner’s
Petition to Confirm Arbitration Award and for Entry of Final Judgment (ECF No. 1) and
Respondent’s Cross Motion to Vacate Application/Petition (ECF No. 4), and all papers
submitted in support thereof and in opposition thereto, it is ORDERED as follows:
1. Respondent’s Cross Motion to Vacate Application/Petition is DENIED.
2. Petitioner’s Petition to Confirm Arbitration Award and for Entry of Final
Judgment is GRANTED.
3. Judgment is entered in favor of Merrill Lynch, Pierce, Fenner & Smith Inc. and
against James A. Milnes as follows:
Compensatory Damages
$134,204.50
Interest
$ 18,018.72
Attorneys’ Fees
$ 81,758.21
Total Judgment
$233,981.43
4. Respondent shall pay interest on the award at the rate of six percent from the date
of the Panel’s award until the entry of judgment in this case and then at the rate
established by 28 U.S.C. § 1961.
5. Respondent shall pay all attorneys’ fees and costs incurred by Petitioner in
opposing Respondent’s Cross Motion to Vacate Application/Petition.
6. Petitioner shall submit an itemized list of attorneys’ fees and costs for review
within 10 days of this Order.
IT IS SO ORDERED.
BY THE COURT:
________________________
R. BARCLAY SURRICK, J.
2
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