Franskousky v. Morgan Stanley Smith Barney LLC et al
| Robert R Franskousky |
| Morgan Stanley Smith Barney LLC and Morgan Stanley Smith Barney FA Notes Holdings LLC |
| 3:2014cv00878 |
| July 25, 2014 |
| US District Court for the Middle District of Florida |
| Jacksonville Office |
| St. Johns |
| Timothy J. Corrigan |
| James R. Klindt |
| Arbitration |
| 28 U.S.C. ยง 1441 |
| None |
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Filing
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ORDER granting 15 Plaintiff's Motion for Leave to File Amended Petition to Vacate and granting 18 Motion for Leave to File a Motion to Vacate Arbitration Award or, in the Alternative, for Leave to Construe the Amended Petition to Vacate as a Motion to Vacate. The Court deems the Amended Petition filed instanter and construes it together with 14 Plaintiff's opposition to the motion to confirm as the operative motion to vacate. The 8/7/2014 Amended FINRA Award is deemed the operative award, and all pleadings are deemed directed toward it. Plaintiff's motion to vacate the Amended FINRA Award is denied. 5 Morgan Stanley's Cross Motion to Confirm Arbitration Award is granted. Alternatively, 13 Morgan Stanley 's Alternative Motion to Modify and/or Correct Initial FINRA Award is granted. The 8/7/2014 Amended FINRA Award is confirmed. Defendants' request for sanctions is denied. Morgan Stanley shall file any motion for attorney's fees and cos ts on or before 1/19/2015, after conferring with Plaintiff in good faith. The motion shall include a L.R. 3.01(g) certification. Plaintiff shall file any response to the motion for attorney's fees and costs on or before 2/16/2015. The Court will withhold entry of judgment until resolution of attorney's fees and costs. The Clerk should terminate all motions and deadlines except for the deadlines set in this Order. Signed by Judge Timothy J. Corrigan on 12/17/2014. (BJB)
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