Deutsche Bank Securities Inc. et al v. Roskos et al
| Deutsche Bank Securities Inc., Janet Sible, Mark Westhoff and Michael Jacoby |
| Thomas M. Roskos, Jr., Thomas Roskos, Sr., Brion Applegate, Eddy Aslanian, Tom Jermoluk, Val Vaden and Lilli J. Rey |
| 1:2015cv00534 |
| January 23, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
50
MEMORANDUM OPINION AND ORDER re: 40 MOTION for Summary Judgment . filed by Val Vaden, Thomas Roskos, Sr., Brion Applegate, Lilli J. Rey, Tom Jermoluk, Eddy Aslanian, Thomas M. Roskos, Jr., 26 MOTION for Summary Judgment . filed by J. Ralph Parker, Mary Ann Coleman, Michael Jacoby, Deutsche Bank Securities Inc., Janet Sible, Michael Raphael, DB Alex. Brown LLC, Nancy Fahmy, Mark Westhoff. For the foregoing reasons, the Court grants the motion of Plaintif fs DBSI, Janet Sible, Mark Westhoff, Michael Jacoby, J. Ralph Parker, Nancy Fahmy, Michael Raphael, and Mary Ann Coleman in its entirety. The Court hereby declares that Defendants cannot compel FINRA arbitration against these Plaintiffs of the clai ms asserted in Defendants' Amended Statement of Claim in FINRA case 14-3280. (See the FINRA Claim.) Defendants are permanently enjoined from proceeding with FINRA arbitration of the FINRA Claim against these Plaintiffs. The Court grants Plaint iff DB Alex. Brown's motion for summary judgment to the extent that it seeks declaratory and injunctive relief barring FINRA arbitration of the FINRA Claim as asserted by all Defendants other than Val Vaden. Plaintiff DB Alex. Brown's m otion for summary judgment seeking relief as against Val Vaden is denied. Defendant Val Vaden's cross-motion for summary judgment is granted insofar as it seeks to compel DB Alex. Brown to submit to FINRA arbitration of Val Vaden's FINRA Claim against it. All of the Defendants' remaining cross-motions are denied in their entirety. In light of the fact that neither Plaintiffs nor Defendants have proffered a factual or legal basis for their requests for awards of attorneys' ; fees or costs, all parties' requests for such fees and costs are denied. The Clerk of Court is requested to enter judgment accordingly and to close this case. This Memorandum Opinion and Order resolves Docket Entry Nos. 26 and 40. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 8/4/2016) (cf)
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