The opinion of the court was delivered by: VAUGHN WALKER, District Judge
Petitioner Lemoine Skinner III's ("Petitioner") First Amended
Petition to Vacate Arbitration Award and Cross-Petitioner Donaldson,
Lufkin & Jenrette Securities Corporation's ("DLJ") Petition for an
Order Confirming Arbitration Award and for Entry of Judgment came on for
hearing before the Court on October 23, 2003. Having fully considered the
evidence presented, duly heard the issues and arguments, and duly
rendered a decision,
IT IS ORDERED, ADJUDGED AND DECREED that Judgment is hereby
entered in favor of Respondent and Cross-Petitioner DLJ and Respondent
Credit Suisse First Boston LLC (formerly known as Credit Suisse First
Boston Corporation) (collectively "Respondents") and against Petitioner
Lemoine Skinner III ("Petitioner"), as follows:
1. The arbitrators' Award issued on March 11, 2003 by the National
Association of Securities Dealers Dispute Resolution, Inc. (the
"Arbitration Award") in the arbitration entitled Lemoine Skinner III
v. Donaldson, Lufkin & Jenrette Securities Corp., NASD
Arbitration No. 01-05583, is confirmed. A copy of the Arbitration Award,
which is incorporated in this Judgment, is attached hereto as
Exhibit 1. As provided in the Arbitration Award, all claims,
including for punitive damages, made by Petitioner Lemoine Skinner III
against Respondents are dismissed with prejudice.
2. As prevailing parties, Respondents shall be entitled to recover
from Petitioner their costs of suit in accordance with Federal Rules
of Civil Procedure Rule 54 and any other applicable law.
NASD Dispute Resolution
In the Matter of the Arbitration Between:
Lemoine Skinner, III, Claimant v. Donaldson, Lufkin & Jenrette Securities
Case Number: 01-05583 Hearing Site: San Francisco, California
REPRESENTATION OF PARTIES
For Claimant: Timothy A. Canning, Esq.
For Respondent: Michael J. Lawson, Esq.
Steefel Levitt & Weiss
San Francisco, California
Statement of Claim filed on or about: October 19, 2001
First Amendment to Statement of Claim filed OB or about: ...