IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
September 9, 2011
WILLIAM H. AGNEW, ET AL.,
E*TRADE SECURITIES LLC, DEFENDANT.
The opinion of the court was delivered by: Eduardo C. Robreno, J.
ORDER AND NOW, this 8th day of September, 2011, after a hearing on the matter on September 8, 2011, it is hereby ORDERED that:
1. E*Trade's Motion to Set Aside Default (doc. no. 44) is GRANTED and E*Trade's related Motion for Leave to File Reply Brief (doc. no. 46) is DENIED as moot.
2. E*Trade is shall make $10,000 payable to the Clerk of the Court by September 23, 2011 and the Clerk of the Court shall deposit this payment.
3. E*Trade shall reimburse Petitioners and the United States Marshals
Service for their costs in attempting to serve Defendant.*fn1
Petitioners shall file an Affidavit of Costs and Fees
associated with their attempts to serve Defendants by September 30,
2011. The United States Marshals Service for the
Eastern District of California, for the Middle District of
Pennsylvania, and the Eastern District of Pennsylvania shall provide
the Court an Affidavit of Costs and Fees associated with their
attempts to serve Defendant by September 30, 2011. E*Trade shall file
any objections to the Affidavits of Costs and Fees filed by
Petitioners or the U.S. Marshals Service, by October 14, 2011.
4. As all Rules to Show Cause issued by the Court in previous Orders (doc. nos. 35, 42, & 43) have been addressed, they are now DISSOLVED.
3. Petitioners' Motion for Leave to File an Amended Motion (doc. no. 37) and Amended Motion to Vacate FINRA Arbitration Award (doc. no. 38) are DENIED as moot.
AND IT IS SO ORDERED.
Eduardo C. Robreno