Free Notice (Other) - District Court of California - California

Case 3:08-cv-01557-W-RBB

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Filed 09/02/2008

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Jeffrey P. Lendrum (137751) LENDRUM LAW FIRM A Professional Corporation 401 West "A" Street, Suite 2330 San Diego, CA 92101 Telephone: (619) 239-4302 Facsimile: (619) 239-4307 Email: [email protected] Attorney for Petitioner Lisett Di Donato­Young

6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. WACHOVIA SECURITIES, LLC, a Delaware Corporation, Respondent. LISETT DI DONATO-YOUNG, an individual, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08 CV 1557 W RBB AMENDED PETITION TO VACATE ARBITRATION AWARD Hearing Date: October 20, 2008 Judge: Thomas J. Whelan Courtroom: 7 Pursuant to Local Civil Rule 7.1(d).1, the Court will not entertain oral arguments.

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AMENDED PETITION TO VACATE ARBITRATION AWARD

Case 3:08-cv-01557-W-RBB

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Filed 09/02/2008

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Petitioner LISETT DI DONATO-YOUNG respectfully submits this Amended Petition to Vacate the Arbitration Award submitted in FINRA Case No. 06-05141pursuant to 9 U.S.C. §§ 9-10, et seq., and case law relevant thereto, on the grounds that the Award issued in the matter styled Wachovia Securities, LLC v. Lisett Di Donato-Young, NASD Case No. 06-05141, was rendered in manifest disregard for the law. This Petition is based on the following documents filed with the Court on August 22, 2008: the Memorandum of Points and Authorities in Support of Petition; Notice of Lodgment; Declaration Of Jeffrey P. Lendrum In Support Of Petition to Vacate Arbitration Award; Declaration Of V. Michael Arias In Support Of Petition to Vacate Arbitration Award; Declaration Of Lisett Di Donato-Young In Support Of Petition to Vacate Arbitration Award and, and [Proposed] Order; along with all other pleadings and papers on file in this action; and such other materials, arguments and evidence as may be considered by this Court at the time of the hearing. Pursuant to Local Civil Rule 7.1(d).1, the Court will not entertain oral arguments.

DATED: 8/29/08

/s/ Jeffrey P. Lendrum, Esq. Attorney for Petitioner

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AMENDED PETITION TO VACATE ARBITRATION AWARD

Case 3:08-cv-01557-W-RBB

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Filed 09/02/2008

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Jeffrey P. Lendrum (137751) LENDRUM LAW FIRM A Professional Corporation 401 West "A" Street, Suite 2330 San Diego, CA 92101 Telephone: (619) 239-4302 Facsimile: (619) 239-4307 Email: [email protected] Attorney for Petitioner Lisett Di Donato­Young

6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I am employed in the County of San Diego, State of California. I am over the age of 18 years and not a party to the within action; my business address is: 401 West "A" Street, Suite 2330, San Diego, CA 92101. vs. WACHOVIA SECURITIES, LLC, a Delaware Corporation, Respondent. LISETT DI DONATO-YOUNG, an individual, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. Unassigned PROOF OF SERVICE

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PROOF OF SERVICE

Case 3:08-cv-01557-W-RBB

Document 8-2

Filed 09/02/2008

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On August 29, 2008, I served the following document(s): AMENDED PETITION TO VACATE ARBITRATION AWARD; BY MAIL as follows: I am readily familiar with the business' practice of collection and processing correspondence for mailing. Under that practice, all mail is deposited with the U.S. Postal Service on the same day with postage thereon, fully prepared at San Diego, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postage meter date is more than one day after the date of deposit for mailing in the affidavit. BY PERSONAL SERVICE: I caused a true and correct copy thereof enclosed in a sealed envelope, to be delivered by hand to the addressee(s) as follows: BY OVERNIGHT COURIER: I caused the above-referenced document to be delivered to an overnight courier service (Federal Express; United Parcel Service; U.S. Express Mail, California Over Nite Express), for delivery to the addressee(s) as follows: BY FACSIMILE TRANSMISSION: I caused the above-referenced document to be transmitted to the above-named person at the following telecopy number: BY E-MAIL TRANSMISSION: I caused the above-referenced document to be transmitted to the above-named person at the following e-mail addresses: (State) I declare under penalty of perjury, pursuant to the laws of the State of California that the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction this service was made. Executed on August 29, 2008 at San Diego, California

/s/ Michael Kantro SERVICE LIST

Timothy N. Will, Esq. ALBERT & WILL, LLP 2601 Airport Drive, Suite 345 Torrance, CA 90505 (310) 257-9363 Fax: (310) 257-9360

Attorney For Wachovia Securities, LLC

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PROOF OF SERVICE