Brown et al v. Morgan Stanley Smith Barney, LLC
Plaintiff: Danae Brown and Amanda Andrews
Defendant: Morgan Stanley Smith Barney, LLC
Case Number: 3:2024cv00119
Filed: February 20, 2024
Court: US District Court for the Middle District of Alabama
Presiding Judge: Chad W Bryan
Referring Judge: R Austin Huffaker
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 18, 2024 Opinion or Order Filing 26 ORDER: it is ORDERED that on or before April 26, 2024, the Defendant shall SHOW CAUSE in writing why the #24 Motion should not be granted. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/18/2024. (CWL)
April 18, 2024 Opinion or Order Filing 25 ORDER: it is ORDERED that, on or before April 26, 2024, the parties who are limited liability companies shall supplement their corporate disclosure statements with the names and citizenship of each member, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/18/2024. (CWL)
April 17, 2024 Filing 24 MOTION for Leave to File Second Amended Complaint by Amanda Andrews, Danae Brown. (Attachments: #1 Exhibit A - First Amended Complaint (Redline), #2 Exhibit B - Second Amended Complaint (Clean)) (Wooten, Nicholas)
April 17, 2024 Opinion or Order Filing 23 ORDER: Because the #22 Motion is unopposed, it is GRANTED; it is ORDERED that on or before May 10, 2024, the Plaintiffs shall respond to the Defendant's Motion to Dismiss. It is further ORDERED that the Defendant shall reply to the Plaintiffs response within fourteen days of the Plaintiffs filing their response. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/17/2024. (CWL)
April 17, 2024 Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 Order, #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by Amanda Andrews, Danae Brown. (Wooten, Nicholas) Modified on 4/17/2024 to clean up text (CWL).
April 1, 2024 Opinion or Order Filing 21 STANDARD BRIEFING ORDER: setting out briefing requirements, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/1/2024. (CWL)
March 29, 2024 Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by Morgan Stanley Smith Barney, LLC. (Attachments: #1 Exhibit A - Alabama State Court Filings, #2 Exhibit B - Bankruptcy Court Filings, #3 Exhibit C - Eleventh Circuit Filings) (Mendez, Louis)
March 29, 2024 MEMORANDUM of Law in Support re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Morgan Stanley Smith Barney, LLC. (no pdf attached - see doc #20 for pdf) (CWL)
March 18, 2024 Filing 19 Case Reassigned to Honorable Judge R. Austin Huffaker, Jr., as presiding Judge. Chief Judge Emily C. Marks no longer assigned to the case. (CWL) (Main Document 19 replaced on 3/18/2024 to upload correct PDF) (CWL).
March 18, 2024 Filing 18 Case Reassigned to Chief Judge Emily C. Marks as presiding Judge and Magistrate Judge Chad W. Bryan as referral Judge. Magistrate Judge Chad W. Bryan no longer assigned to the case as presiding Judge. (CWL)
March 11, 2024 Filing 17 Corporate/Conflict Disclosure Statement by Morgan Stanley Smith Barney, LLC re #14 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Mendez, Louis)
March 11, 2024 Opinion or Order Filing 16 ORDER: the parties are hereby DIRECTED to complete and return the appropriate form so that it is received by the Clerk of Court on or before April 1, 2024, as further set out in order. The consent form should NOT be electronically filed into the record. Do NOT electronically file the reassignment form into the record. Signed by Magistrate Judge Chad W. Bryan on 3/11/2024. (CWL)
March 11, 2024 Opinion or Order Filing 15 ORDER: the Unopposed Motion for Extension of Time to Respond to Complaint (Doc. #12 ) is hereby GRANTED such that the response deadline is extended through April 1, 2024. Signed by Magistrate Judge Chad W. Bryan on 3/11/2024. (CWL)
March 11, 2024 Filing 14 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Morgan Stanley Smith Barney, LLC. Corporate Disclosures due by 3/21/2024. (Attachments: #1 Standing Order and Sample Format)(CWL)
March 11, 2024 Filing 13 NOTICE of Assignment to Magistrate Judge sent to counsel for (DEF) Morgan Stanley Smith Barney, LLC (CWL)
March 11, 2024 Filing 12 Unopposed MOTION for Extension of Time to File Answer by Morgan Stanley Smith Barney, LLC. (Mendez, Louis) Modified on 3/11/2024 to clarify as unopposed (CWL).
March 11, 2024 ***Pursuant to #12 - Attorney Armistead Inge Selden, III, Isaac Clayton Wash for Morgan Stanley Smith Barney, LLC added. (no pdf attached) (CWL)
March 8, 2024 Filing 11 CERTIFICATE OF SERVICE (Proof of Service) re #10 Amended Complaint by Amanda Andrews, Danae Brown (Wooten, Nicholas) Modified on 3/11/2024 to clarify text (CWL).
March 3, 2024 Filing 10 FIRST AMENDED COMPLAINT with JURY DEMAND against Morgan Stanley Smith Barney, LLC, filed by Danae Brown, Amanda Andrews. (Wooten, Nicholas) Modified on 3/4/2024 to add jury demand and clarify text (CWL).
March 3, 2024 Filing 9 SUMMONS Returned Executed by Danae Brown, Amanda Andrews. Morgan Stanley Smith Barney, LLC served on 2/27/2024, answer due 3/19/2024. (Wooten, Nicholas)
February 20, 2024 Filing 8 Corporate/Conflict Disclosure Statement by Amanda Andrews re #6 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Wooten, Nicholas)
February 20, 2024 Filing 7 Corporate/Conflict Disclosure Statement by Danae Brown re #6 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Wooten, Nicholas)
February 20, 2024 Filing 6 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Danae Brown, Amanda Andrews. Corporate Disclosures due by 3/1/2024. (Attachments: #1 Standing Order and Sample Format)(CWL)
February 20, 2024 Filing 5 Summons Issued as to Morgan Stanley Smith Barney, LLC. NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (CWL)
February 20, 2024 Filing 4 NOTICE of Assignment to Magistrate Judge sent to counsel for (PLF) Amanda Andrews, Danae Brown (CWL)
February 20, 2024 Filing 3 Case Assigned to Magistrate Judge Chad W. Bryan. (CWL)
February 20, 2024 Filing 2 NOTICE of Appearance by Nicholas Heath Wooten on behalf of Amanda Andrews, Danae Brown (Wooten, Nicholas) Modified on 2/20/2024 to correct plf names (CWL). (Main Document 2 replaced on 2/20/2024 to correct case number) (CWL).
February 20, 2024 Filing 1 COMPLAINT against Morgan Stanley Smith Barney, LLC ( Filing fee $ 405 receipt number AALMDC-3587993.), filed by Danae Brown, Amanda Andrews. 90 day Rule 4m deadline set for 5/20/2024. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Wooten, Nicholas) Modified on 2/20/2024 to correct plf names (CWL). (Main Document 1 and Attachment 2 replaced on 2/20/2024 to correct case number) (CWL).

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Plaintiff: Danae Brown
Represented By: Nicholas Heath Wooten
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Plaintiff: Amanda Andrews
Represented By: Nicholas Heath Wooten
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Defendant: Morgan Stanley Smith Barney, LLC
Represented By: Armistead Inge Selden, III
Represented By: Isaac Clayton Wash
Represented By: Louis Frank Mendez
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