TD Ameritrade, Inc. v. Kelley
| TD Ameritrade, Inc. |
| Edward W. Kelley |
| 1:2015cv00714 |
| January 30, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Crotty |
| Frank Maas |
| Arbitration |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
77
OPINION & ORDER re: 70 MOTION to Intervene.. Because Harris' Motion is untimely and her intervention would unduly prejudice TDA, and because granting Harris non-party standing to bring Rule 60(b) motions is unwarranted, Harris' Motion is DENIED. Because the Court finds no valid reason to vacate the Judgment on its own motion, the Judgment will stand undisturbed. The Clerk of Court is directed to close the motion at ECF number 70. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/10/2021) (ks)
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Filing
68
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION: CONCLUSION: The Court ADOPTS the R&R. Ameritrade's motion to vacate the FINRA arbitral award is GRANTED; but Ameritrade must continue to make good-faith efforts to provide Kelley with a ph ysical share certificate for 152,380 Bancorp shares, if and when it becomes legal and possible to do so. Kelleys cross petition to confirm is DENIED. The Clerk of Court is directed to close Case No. 15 Civ. 714. SO ORDERED. (Signed by Judge Paul A. Crotty on September 30, 2016) (mov)
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Filing
44
MEMORANDUM & ORDER: On February 5, 2016, Magistrate Judge Frank Maas issued a Report and Recommendation (R&R) that the Court deny without prejudice petitioner's motion to vacate an arbitral award (Dkt. 24) and respondent's cross-motion for a fairness hearing (Dkt. 33) pending resolution of a motion for reconsideration filed by petitioner in a nearly identical case before U.S. District Judge Neil V. Wake in the District of Arizona, Haviland v. TD Ameritrade Incorporated, No. CV-15-0061 1-PHX-NVW. On February 12, 2016, Judge Wake granted the pending motion for reconsideration (Dkt. 43, Exh. A), and petitioner thereafter objected to the R&R, arguing that Judge Wakes order had rendered the R&R moot (Dkt. 43). As Magistrate Judge Maas anticipated, further briefing will be required in light of Judge Wakes's decision. Accordingly, the Court vacates the R&R dated February 5, 2016, and returns the matter to Magistrate Judge Maas for further proceedings, including such briefing a s he may direct. The Clerk of Court is directed to terminate the pending motions at Docket Nos. 24 and 33 to be reinstated when new briefing is filed in accordance with Magistrate Judge Maass direction. SO ORDERED.. (Signed by Judge Paul A. Crotty on February 23, 2016) (mov)
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| Petitioner: TD Ameritrade, Inc. | |
| Represented By: | Eric Rieder |
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| Respondent: Edward W. Kelley | |
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