1:25-cv-21176•Jannetti et al v. Stifel, Nicolaus & Company, Inc.
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 25-cv-21176-DPG DAVID JANNETTI, et al., Petitioners, v. STIFEL, NICOLAUS & CO., INC., Respondent. ORDER THIS CAUSE comes before the Court on Magistrate Judge Eduardo I. Sanchez’s Report and Recommendation on Respondent’s Motion to Vacate Arbitration Award and Petitioners’ Cross-Motion for Post-Award Prejudgment Interest and Sanctions (the “Report”). [ECF No. 55]. On May 16, 2025, Respondent filed its Motion to Vacate Arbitration Award (“Respondent’s Motion”). [ECF No. 27]. On August 4, 2025, Petitioners filed their Cross-Motion for Post-Award Prejudgment Interest and Sanctions (“Petitioners’ Cross-Motion”). [ECF No. 39 at 62–63]. The Court referred both Motions to Judge Sanchez for a report and recommendation. [ECF Nos. 43 and 55]. On February 6, 2026, Judge Sanchez issued his Report recommending that Respondent’s Motion be denied; that the underlying Petition to Confirm Arbitration Award, [ECF No. 1], be granted; and that Petitioners’ Cross-Motion be granted in part and denied in part. Respondent filed objections to the Report, [ECF No. 56], to which Petitioners filed a response, [ECF No. 60]. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1)(C). The objected portions of the report and recommendation ______________________________/ Case 1:25-cv-21176-DPG Document 61 Entered on FLSD Docket 03/24/2026 Page 1 of 2
2 are accorded de novo review if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). After conducting a de novo review of the record, the Court agrees with Judge Sanchez’s well-reasoned analysis and conclusions that Respondent’s Motion be denied; that the Petition to Confirm Arbitration Award be granted; and that Petitioners’ Cross-Motion be granted in part and denied in part. CONCLUSION Therefore, it is ORDERED AND ADJUDGED as follows: (1) The Report and Recommendation, [ECF No. 55], is ADOPTED in full. (2) The Petition to Confirm Arbitration Award, [ECF No. 1], is GRANTED. (3) Respondent’s Motion to Vacate Arbitration Award, [ECF No. 27], is DENIED. (4) Petitioners’ Cross-Motion for Post-Award Prejudgment Interest and Sanctions, [ECF No. 39 at 62–63], is GRANTED as to the request for prejudgment interest and DENIED as to the request for sanctions. (5) This Case is CLOSED for administrative purposes. DONE AND ORDERED in Chambers at Miami, Florida, this 24th day of March, 2026. ________________________________ DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE Case 1:25-cv-21176-DPG Document 61 Entered on FLSD Docket 03/24/2026 Page 2 of 2
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