Deutsche Bank Securities, Inc. v. Borjas et al
| Deutsche Bank Securities, Inc. |
| Bralisol Associates Ltd. and Maria De Los Angeles Aparain Borjas |
| 1:2018cv10191 |
| November 2, 2018 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on November 29, 2018. A more recent docket listing may be available from PACER.
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Filing 25
ORDER: Upon considering the foregoing motion for a Preliminary Injunction by Plaintiff Deutsche Bank Securities, Inc.; IT IS ORDERED that, effective immediately as of November 28, 2018, Defendants Maria De Los Angeles Aparain Borjas and Bralisol Associates Ltd. are hereby preliminarily enjoined from proceeding in the arbitration proceeding before the Financial Industry Regulatory Authority, styled Maria De Los Angeles Aparain Borjas and Bralisol Associates, Ltd. v. Carlos Javier Legaspy, et al., FINRA Case No. 18-02781, until this Court has ordered otherwise. This order is being issued for the reason that Plaintiff has made an initial showing that there is no agreement among Plaintiff and Defendants to arbitrate, and Defendants are not customers of Plaintiff pursuant to FINRA Rule 12200. Furthermore, Plaintiff has made an initial showing that it is likely to prevail on the merits, will suffer irreparable harm absent injunctive relief, that the balance of the equities are in its favor, and that injunctive relief is in the public interest. IT IS FURTHER ORDERED inasmuch as Defendants will not incur any costs or damages to abide by injunctive relief issued by this Court. (Signed by Judge Denise L. Cote on 11/28/2018) (gr)
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| REMARK: Document #25 previously filed on November 28, 2018 had the incorrect date in the "Filed Date" box. (gr)Presiding Judge: Cote, Denise L. (gr) |
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Filing 24
MEMORANDUM OPINION & ORDER.....The November 2, 2018 motion to preliminarily enjoin the FINRA arbitration against DBSI initiated by the defendants on August 7, 2018, is granted. This action is otherwise stayed pending the completion of proceedings in 18cv6768. (Signed by Judge Denise L. Cote on 11/28/2018) (gr)
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| Filing 23 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Bralisol Associates Ltd., Maria De Los Angeles Aparain Borjas.(Malecki, Jenice) |
| Filing 22 LETTER addressed to Judge Denise L. Cote from David G. Januszewski dated November 19, 2018 re: Diversity of Citizenship. Document filed by Deutsche Bank Securities, Inc.. (Attachments: #1 Exhibit 1 - Certificate of Incorporation, #2 Exhibit 2 - Register of Companies Search Report)(Januszewski, David) |
| Filing 21 DECLARATION of David G. Januszewski in Support re: #9 MOTION for Preliminary Injunction .. Document filed by Deutsche Bank Securities, Inc.. (Januszewski, David) |
| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #9 MOTION for Preliminary Injunction . . Document filed by Deutsche Bank Securities, Inc.. (Januszewski, David) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #9 MOTION for Preliminary Injunction . . Document filed by Bralisol Associates Ltd., Maria De Los Angeles Aparain Borjas. (Malecki, Jenice) |
| Filing 18 DECLARATION of Jenice L. Malecki in Opposition re: #9 MOTION for Preliminary Injunction .. Document filed by Bralisol Associates Ltd., Maria De Los Angeles Aparain Borjas. (Attachments: #1 Exhibit Exh. A - Figueredo Brokercheck, #2 Exhibit Exh. B - Email Involving Haberer and Deutsche Bank, #3 Exhibit Exh. C - Email Involving Haberer and Deutsche Bank, #4 Exhibit Exh. D - Email Involving Haberer and Deutsche Bank, #5 Exhibit Exh. E - SC of Bahamas Liquidation Letter, #6 Exhibit Exh. F - Florida Reg re: Biscayne, #7 Exhibit Exh. G - Rado Amended Answer w CC, #8 Exhibit Exh. H- Insight Motion to Deny FINRA Jurisdiction, #9 Exhibit Exh. I - Pershing Answer, #10 Exhibit Exh. J - DB March 2018 Account Statement, #11 Exhibit Exh. K - DB Complaint vs. Rado, #12 Exhibit Exh. L - DB April 2018 Account Statement, #13 Exhibit Exh. M - Madison Asset Bankruptcy SDNY, #14 Exhibit Exh. N - Jenice email to Januszewski re: Ibiza Account, #15 Exhibit Exh. O - Jenice email to Januszewski re: Ibiza Account, #16 Exhibit Exh. P - Jenice email to Januszewski re: Ibiza Account, #17 Exhibit Exh. Q - DB Contact Sheet re: Ibiza, #18 Exhibit Exh. R - Order re: Madison Bankruptcy, #19 Exhibit Exh. S - Viteri Siztzerland re: Petroecuador, #20 Exhibit Exh. T - Wire Transfer Instructions, #21 Exhibit Exh. U - DBSI BrokerCheck (Partial))(Malecki, Jenice) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bralisol Associates Ltd., Maria De Los Angeles Aparain Borjas.(Malecki, Jenice) |
| Filing 16 NOTICE OF APPEARANCE by Jenice Lorraine Malecki on behalf of Bralisol Associates Ltd., Maria De Los Angeles Aparain Borjas. (Malecki, Jenice) |
| Filing 15 AFFIDAVIT OF SERVICE of Complaint and Supporting Papers, Motion for Preliminary Injunction and Supporting Papers, and November 6, 2018 Order served on Jenice L. Malecki on November 5 and 6, 2018. Document filed by Deutsche Bank Securities, Inc.. (Januszewski, David) |
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Filing 14
ORDER: ORDERED that the defendants shall file any opposition to the motion for a preliminary injunction by November 12, 2018. Plaintiff's reply, if any, shall be filed by November 16, 2018. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the plaintiff shall serve copies of the complaint and all supporting papers, of its motion for a preliminary injunction and all supporting papers, and of this Order on defendants by November 6, 2018, at 5:00 p.m. EST. (Service due by 11/6/2018.) Set Deadlines/Hearing as to #9 MOTION for Preliminary Injunction (Responses due by 11/12/2018, Replies due by 11/16/2018.) (Signed by Judge Robert W. Sweet, Part 1 on 11/6/2018) (rro)
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| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-06768-DLC. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Bralisol Associates Ltd.. (pc) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Maria De Los Angeles Aparain Borjas. (pc) |
| Filing 11 DECLARATION of David G. Januszewski in Support re: #9 MOTION for Preliminary Injunction .. Document filed by Deutsche Bank Securities, Inc.. (Attachments: #1 Exhibit 1 - Statement of Claim, #2 Exhibit 2 -Reply to Counterclaims, #3 Exhibit 3 - 18-cv-6768 Complaint, #4 Exhibit 4 - DBSI's September 7, 2018 Letter, #5 Exhibit 5 - Defendants' September 7, 2018 Letter, #6 Exhibit 6 - Defendants' September 11, 2018 Letter, #7 Exhibit 7 - DBSI's September 18, 2018 Letter, #8 Exhibit 8 - Defendants' September 19, 2018 Letter,, #9 Exhibit 9 - DBSI's September 28, 2018 Letter, #10 Exhibit 10 - October 11, 2018 Decision, #11 Exhibit 11 - Rule 12200 of FINRA Code of Arbitration Procedure)(Januszewski, David) |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION for Preliminary Injunction . . Document filed by Deutsche Bank Securities, Inc.. (Attachments: #1 Proposed Order)(Januszewski, David) |
| Filing 9 MOTION for Preliminary Injunction . Document filed by Deutsche Bank Securities, Inc..(Januszewski, David) |
| Filing 8 NOTICE OF APPEARANCE by Sesi V Garimella on behalf of Deutsche Bank Securities, Inc.. (Garimella, Sesi) |
| Filing 7 NOTICE OF APPEARANCE by David George Januszewski on behalf of Deutsche Bank Securities, Inc.. (Januszewski, David) |
| Filing 6 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-6768. Document filed by Deutsche Bank Securities, Inc..(Januszewski, David) |
| Filing 5 CIVIL COVER SHEET filed. (Januszewski, David) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Deutsche Bank AG, Corporate Parent DB USA Corporation for Deutsche Bank Securities, Inc.. Document filed by Deutsche Bank Securities, Inc..(Januszewski, David) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bralisol Associates, Ltd., re: #1 Complaint. Document filed by Deutsche Bank Securities, Inc.. (Januszewski, David) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Maria de los Angeles Aparain Borjas, re: #1 Complaint. Document filed by Deutsche Bank Securities, Inc.. (Januszewski, David) |
| Filing 1 COMPLAINT against Maria de los Angeles Borjas, Bralisol Associates Ltd.. (Filing Fee $ 400.00, Receipt Number ANYSDC-15849762)Document filed by Deutsche Bank Securities, Inc..(Januszewski, David) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David George Januszewski. The party information for the following party/parties has been modified: Maria de los Angeles Borjas. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pc) |
| CASE REFERRED TO Judge Denise L. Cote as possibly related to 18cv6768. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David George Januszewski. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:2201. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332. (pc) |
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