securities arbitration

securities arbitration Order Description LOOK UP THE AWARDS IN ONLY THESE FOUR CASES: 1- MICHAEL TARAGLIONE V.AMERICAN CAPITAL 2- LEHMAN BROTHESL .V RODNEY Cox 3- TRIDENT PARTNERS .V JAMES DOLAN. ETAL 4. PAMELA LEAVITT .V CANTONE RESEEARCH . HERES THE RIDDLE FOR YOUTO SOLVE: EXACTLY How DID I VOTE, HOW DID I INFULENCE THE RESULT, AND WHAT SOLID CONCLUSION CAN YOU DRAW ABOUT MY TENDENCIES, WHATEVER FROM PARTICIPATION IN THESE FOUR AWARDS (GOOD OR HAD), Award FINRA Dispute Resolution In the Matter of the Arbitration Between: Michael Tartagiione (Claimant) vs. American Capital Partners, LLC (Respondent) Case Number 09-02523 Hearing Site: New York, New York Nature of the Dispute: Customer vs. Member. REPRESENTATION OF PARTIES Claimant Michael Tartagiione hereinafter refsmed to as "Claimant": Christopher J. Gray, Esq., Christopher J. Gray, P.C, New Yoric, NY. Respondent American Capital Partners, LLC hereinafter referred to as "Respondent": John J. Kilkenny, Esq., American Capital Partners, LLC, Hauppauge, NY. Prevtously represented by J. Christopher Albanese, Esq., American Capital Partners, LLC, Hauppauge, NY. CASE INFORMATION Statement of Claimfiledon or about: May 5,2009. Claimant signed the Unifomn Submission Agreement: April 24,2009. Statement of Answer filed by Respondent on or about: June 29,2009. Respondent signed the Submission Agreement: June 26,2009. CASE SUMMARY Claimant asserted the fbllowing causes of action: overconcentration, unsultability, mismanagement of account in violatk>n of FINRA Rule 2310 and New Yoric Stock Exchange Rule 405. breach offiduciaryduty, negligence, breach of contract, fraud, and failure to supervise. The causes of actton relate to the purchases and margin purchases of ARRIS stock and optrons. Unless specifically admitted in its Answer, Respondent denied the allegattons made in the Statement of Claim and asserted various affirmative defenses. RELIEF REQUESTED In the Statement of Claim, Claimant requested unspecrfled compensatory damages. Including disgorgement, lost profits and income, prejudgment Interest, fees, costs, attomeys' fees, and such other and further relief as the Artsitration Panel deems just and proper. F I N I ^ Dispute Resolution Arbitration No. 09-02523 Award Paoe 2 of 4 Respondent requested Claimant's claims be dismissed with prejudice and such other and further relief as the Panel deems just, equitable, and proper. OTHER ISSUES CONSIDERED AND DECIDED The Panel acknowledges that they have each read the pleadings and other materials filed by the parties. The parties have agreed that the Award in this matter may be executed in counterpart copies or that a handwritten, signed Award may be entered. AWARD After considering the pfeadings, the testimony and evkience presented at the hearing, the Panel has deckJed in full and final resolutk>n of the Issues submitted for determination as follows: 1. Respondent is liable for and shall pay to Claimant compensatory damages In the amount of $232,000.00 plus interest at the rate of 9% per annum from September 1, 2008 until the Award Is paid in full. 2. Any and all relief not specifically addressed herein is denied. FEES Pursuant to the Code, thefollowingfeesare assessed: Filing Fees FINRA Dispute Resolutfon assessed afilingfee* for each daim: Initial claim filing fee = $1,250.00 *The filing fee is made up of a non-refundable and a refundable portion. Member Fees Member fees are assessed to each member fimi that Is a party in these proceedings or to the memberfimnthat employed the associated person at the time of the events giving risetothe dispute. Accordingly, as a party. American Capitol Partners, LLC is assessed the following: Member surcharge = $1,500.00 Pre-hearing process fee =$ 750.00 Hearing process fee = $2,200.00 DIscovervRelated Motion Fees Fees apply for each declsfon rendered on a discovery-related motion. Two (2) Decisions on discovery-related motions on the papers with one (1) arbitrator® $200.00 Respondervt submitted two (2) discovery-related mottons =$ 400.00 FINF^ Dispute Resolution Arbitration No. 09-02523 Award Paoe 3 of 4 Totel Discovery-Related Motion Fees » $ 400.00 1. The Panel has assessed $200.00 of the discovery-related motfon fees to Claimant. 2. The Panel has assessed $200.00 of the discovery-related nratfon fees to Respondent. Hearing Session Fees and Assessments The Panel has assessed hearing session fees for each sessfon conducted. A sesston is any meeting between the parties and the arisltrators, including a pre-hearing conference with the arbitrators, that lasts four (4) hours or less. Fees associated with these proceedings are: One (1) Pre-hearing session with a single arbitrator @ $450.00 Pre-hearing conference: January 14,2010 1 session = $ 450.00 One (1) Pre-hearing session with Panel @ $1,000.00 Pre-hearing conference: September 29,2009 1 session » $1,000.00 Seven (7) Hearing sessfons @ $1,000.00 Hearing Dates: March 9,2010 March 10,2010 April 6,2010 April 7.2010 Totel Hearing Session Fees = $7,000.00 2 sessfons 2 sessions 2 sessfons 1 sessfon = $8,450.00 1. The Panel has assessed $4,225.00 of the hearing sessfon fees to Claimant. 2. The Panel has assessed $4,225.00 of the hearing session fees to Respondent. All balances are payable to FINRA Dispute Resolution and are due upon receipt. FINRA Dispute F^esolution Arbitration No. 09-02623 6lWWS(PW94q£4 ARBITRATION PANEL Anthony M. Sabino Davkl S. Billet Robert W.Kenter Public Arbitrator, Presiding Chairperson PubNc Art>ttnator Non-Public Arbitrator I, the undersigned Arbitrator, do hereby affirm, pursuant to Article 7507 of the Civil Practice Law and Rules, that I am the individual described herein and who executed this instrument whltfh Is my aWard. 13-10 I. Sabino ^ "Arbitrator, Presiding Chairperson Signature Date David S. Billet Publk; Arbitrator Signature Date Robert W.Kenter Non-Public Arbitrator Signature Date A p r i l 20^ 2010 Date of SenHce (For FINRA Dispute Resolution use only) vwRA nfa^ito RMflkiUon ArMnlionNo. 0^42523 ARBITRATION PANEL AnthorvM. Sabino David 3. Billet Robert W.Kentw ^ibtlc Arbitrator, PreskHng Chairperson PubncArbttrslor Nor^T^Jbfto Arbttrator L ttie undersigned ArbiMor, do bsreby affirm^ pursuant 10 Arlkle 7507 of Kraciica Law and Rules, ihtt I arn the Iridivtdual descnoed herein BiKi who eMscuted ^ ^ Initniment which Is my award. Anthony M. Sabino Public Aibltiator, Presiding Chairperaon SlgnakireDeta ^ SIg^ Publk; RobeitW. Kanter Non-PubKc Arbitretor Signature Dale April 20. 2010 Date of Senloe (For RNRA Dispute Resolution use only) FINRA Dispute Resolution Arbitration No. 09-02523 AwardPaQa4of4 ARBITRATION PANEL Anthony M. Sabino David S. Billet Robert W. Kenter - Public Arbitrator, Presiding Chairperson Public Arbitrator Non-Public Arbitrator I, the undersigned Arbitrator, do hereby affinn, pursuant to Article 7507 of the Civil Practice Law and Rules, that I am the individual described herein and who executed this instalment which is my award. Anthony M. Sabino Public Arbitrator, Presiding Chairperson Signature Date David S. Billet Public Arbitrator Signature Date Robert W.Kenter Non-Public Artsitrator I April 20, 2010 Date of Service (For FINRA Dispute Resolution use only) Award NASD Dispute Resolution In the Matter of the ArbitratiOn Between: Lehman Brothers, Inc. (Claimant) v. Rodney T. Cox (Respondent) Case Number: 00-00734 Hearing Site: New York, New York Nature of the Dispute: Member v. Customer REPRESENTATION OF PARTIES Claimant Lehman Brothers, Inc. hereinafier referred to as “Claimant”: Manoj R. Andalkar, Esq, l Alonso, Andalkar & Kahn, PC, New York, NY. Respondent Rodney T. Cox hereinafter referred to as “Respondent”: John Dalli, Esq., Dalli Merino, Hempstead, NY. CASE INFORMATION Statement of Claim filed on or about: February 17, 2000. Amended Statement of Claim filed on or about: August 31, 2004. Claimant signed the Uniform Submission Agreement: February I], 2000. Statement of Answer to Amended Statement of Claim and Counterclajm filed by Respondent on or about: May 20, 2005. Respondent signed the Uniform Submission Agreement: June 3, 2005. CASE SUMMARY Claimant asserted the following cause of action: breach of mortgage contract. The cause of action relates to Borealis common stock. Unless specifically admitted in his Answer and Counterclaim, Respondent denied the allegations made in the Statement of Claim and asserted various affirmative defenses. RELIEF REQUESTED Claimant requested compensatory damages in the amount of $71,194.08, plus interest thereon from December 1997; all costs, fees and disbursements of this action, including attorneys’ fees; and such other and further relief as the Arbitration Panel may deem just and equitable. In the PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET AN AMAZING DISCOUNT :)