Motley v. Oppenheimer & Co. Inc., No. 4:2017cv02888 - Document 7 (S.D. Tex. 2018)

Court Description: ORDER CONFIRMING ARBITRATION AWARD AND ENTERING FINAL JUDGMENT. Case terminated on 2/6/18.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

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Motley v. Oppenheimer & Co. Inc. Doc. 7 United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JOSEPH ADRIAN MOTLEY, Plaintiff, VS. OPPENHEIMER & CO., INC., Defendant. § § § § § § § § § February 06, 2018 David J. Bradley, Clerk CIVIL ACTION NO. H-17-2888 ORDER CONFIRMING ARBITRATION AWARD AND ENTERING FINAL JUDGMENT The plaintiff, Joseph Motley, filed a motion for an order confirming an arbitration award against the defendant, Oppenheimer & Co., on September 27, 2017. (Docket Entry No. 1). Despite being served and notified by Motley of the initial conference date, Oppenheimer failed to appear on January 22, 2018. The court issued a show-cause order against Oppenheimer on January 23, 2018. (Docket Entry No. 6). The court contacted Travis McGregor, Oppenheimer’s legal counsel, and provided a copy of the show-cause order that same day. Oppenheimer failed to respond by the February 2 deadline. Mr. McGregor indicated to the court that Oppenheimer does not oppose confirmation of Motley’s award and will file a statement to that effect. The arbitrator granted Motley’s request for expungement of his Central Registration Depository records. (Docket Entry No. 1 at 5). Pursuant to FINRA Rule 2080, FINRA waived, in writing, the requirement to name FINRA as an additional party to the suit. (Docket Entry No. 1, Ex. B). This court has jurisdiction to confirm the award under § 9 of the Federal Arbitration Act and “must grant such an order unless the award is vacated, modified, or corrected . . . .” 9 U.S.C. § 9. Final judgment is entered confirming the arbitration award and the court orders the expungement 1 Dockets.Justia.com of all references to occurrence #1442356 from the Central Registration Depository records for Joseph Motley. (Docket Entry No. 1 at 5). SIGNED on February 6, 2018, at Houston, Texas. ______________________________________ Lee H. Rosenthal Chief United States District Judge 2

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