VARGO et al v. DESABATO et al
Filing
47
ORDER GRANTING 44 Motion confirmation of arbitration award; adopting 46 Report and Recommendations. Signed by Judge Arthur J. Schwab on 7/16/13. (lck)
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IN THE UNITED STATES DISTRlCT COURT
FOR THE WESTERN DISTRICT OF PENNSYL VANIA
ANTHONY VARGO, individually and
BELLA CAPELLI ACADEMY, LLC,
by Anthony Vargo, a Member,
Plaintiffs,
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v,
PAUL G. DESABATO, ANTHONY V.
DESIMONE, NICHOLAS D'AMICO,
EUGENE G. SCIULLI, BENJAMIN M.
PUSATERI, SR. AND BELLA CAPELLI
ACADEMY, LLC,
Defendants.
Civil Action No. 10-1164
United States District Judge
Arthur J. Schwab
United States Magistrate Judge
Cynthia Reed Eddy
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MEMORANDUM ORDER
The above captioned case was statistically closed on June 24, 2011, when it was
submitted for arbitration (ECF No. 40). On January 14,2013, Plaintiff Anthony Vargo filed an
Application to Confirm Arbitration Decision on Liability (ECF No. 41), which was referred to a
Magistrate Judge in accordance with the Magistrate Judges Act, 28 U.S.C. ยง 636(b)(1), and
Rules
n.c and n.D of the Local Rules of Court for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation on February 13, 2013,
recommending that the District Court grant Plaintiff Anthony Vargo's Application To Confirm
Arbitration Decision in regard to the liability issue that was arbitrated, to compel the parties to
proceed to the damage phase of the arbitration proceedings within 60 days, and to retain
jurisdiction to enforce an arbitration decision. On February 14,2013, the matter was reassigned
to this Court as presiding judge. This Court adopted that Report and Recommendation (ECF No.
43).
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Plaintiff Vargo subsequently filed a Motion to Confinu Arbitration Decision and Enter
Judgment (ECF No. 44), and on June 26, 2013, the Magistrate Judge filed a Report and
Recommendation (ECF No. 46), recommending that the Arbitration Award be confinued, and
that Judgment be entered in Anthony Vargo's favor and against the Defendants collectively in the
amount of$213,973.54. Objections were due on July 15,2013. None have been filed.
AND NOW, this 16th day of July, 2013, after de novo review of the pleadings and
documents in the case, together with the two Reports and Recommendations, IT IS HEREBY
ORDERED as follows:
IT IS HEREBY ORDERED that the Report and Recommendation ((ECF No. 46) is
ADOPTED as the Opinion of the Court.
Judgment is HEREBY ENTERED in Anthony Vargo's favor and against the Defendants
in the amount of$213,973.54.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of
Appellate Procedure, defendants have thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
Arthur J. Schwab
United States District Judge
cc: all ECF registered counsel
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