Bancorp International Group Inc (fka BCIT)

[allezlOM]

REPORT AND RECOMMENDATION TO THE HONORABLE PAUL A. CROTTY: For the foregoing reasons, Ameritrade's motion to vacate the FINRA arbitral award, (ECF No. 24), should be granted in part. As Judge Wake held in Haviland I, Ameritrade should be required to continue to make good-faith efforts to comply with the Award by transferring to Kelley a stock certificate recognizing his ownership of 152,380 Bancorp shares. Stated somewhat differently, Ameritrade should comply with the Award when and if it becomes legal and possible to do so. Kelley's cross-motion for a fairness hearing, (ECF No. 33), should be denied. (As further set forth in this Order.) Objections to R&R due by 8/18/2016 (Signed by Magistrate Judge Frank Maas on 8/1/2016) (cf)