National Securities Corporation, B Riley Wealth Management v. Glenn Gardner, Richard Fitzgerald, Judy Fitzgerald

W.D. Washington

National Securities Corporation, B Riley Wealth Management v. Glenn Gardner, Richard Fitzgerald, Judy Fitzgerald

District Court, W.D. Washington·Decided January 20, 2026·No. 2:26-cv-00191·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CORPORATION, B RILEY WEALTH MANAGEMENT CASE NO. 2:26-cv-00191-BAT Petitioners, ORDER REGARDING SERVICE v. FITZGERALD, JUDY FITZGERALD, Respondents.

Petitioners filed a petition to confirm an arbitration award on January 19, 2026. Federal Rule of Civil Procedure 4 does not govern service of such a petition. See Voltage Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815 (9th Cir.). The statute governing confirmation of arbitration awards, 9 U.S.C. § 9, says regarding service: “If the adverse party shall be a nonresident [of the district where the arbitration award was made], then the notice of the application shall be served by the marshal of any district within which the adverse party may be found in like manner as other process of the court.” Petitioner alleges that the arbitration award was made in this district, and it appears that Respondents may reside elsewhere. See Dkt. 1-1 at 1 (naming New York- based counsel). Petitioners may move the Court to effect service by marshal, or may serve Respondents by other means, within the time allowed by the Federal Rules. DATED this 20th day of January, 2026. A BRIAN A. TSUCHIDA United States Magistrate Judge

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CORPORATION, B RILEY WEALTH MANAGEMENT CASE NO. 2:26-cv-00191-BAT Petitioners, ORDER REGARDING SERVICE v. FITZGERALD, JUDY FITZGERALD, Respondents.

Petitioners filed a petition to confirm an arbitration award on January 19, 2026. Federal Rule of Civil Procedure 4 does not govern service of such a petition. See Voltage Pictures, LLC v. Gussi, S.A. de C.V., 92 F.4th 815 (9th Cir.). The statute governing confirmation of arbitration awards, 9 U.S.C. § 9, says regarding service: “If the adverse party shall be a nonresident [of the district where the arbitration award was made], then the notice of the application shall be served by the marshal of any district within which the adverse party may be found in like manner as other process of the court.” Petitioner alleges that the arbitration award was made in this district, and it appears that Respondents may reside elsewhere. See Dkt. 1-1 at 1 (naming New York- based counsel). Petitioners may move the Court to effect service by marshal, or may serve Respondents by other means, within the time allowed by the Federal Rules. DATED this 20th day of January, 2026. A BRIAN A. TSUCHIDA United States Magistrate Judge

National Securities Corporation, B Riley Wealth Management v. Glenn Gardner, Richard Fitzgerald, Judy Fitzgerald, (W.D. Wash. 2026).

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National Securities Corporation, B Riley Wealth Management v. Glenn Gardner, Richard Fitzgerald, Judy Fitzgerald (National Securities Corporation, B Riley Wealth Management v. Glenn Gardner, Richard Fitzgerald, Judy Fitzgerald) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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