MERRILL LYNCH, PIERCE, FENNER & SMITH INC. v. MILNES, No. 2:2011mc00260 - Document 18 (E.D. Pa. 2014)

Court Description: 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)

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MERRILL LYNCH, PIERCE, FENNER & SMITH INC. v. MILNES Doc. 18 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. Dockets.Justia.com 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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