Harry et al v. Wedbush Securities Inc. et al
| Bright Harry and Ronald S. Draper |
| Wedbush Securities Inc., KCG Americas LLC, ION Trading, Inc., Main Street Trading, Inc., Daniel B. Coleman, Greg Hostetler, Gary L. Wedbush, Patrick J. Flynn, Computer Voice Systems, Inc., Andrea Pignataro, Robert Sylverne, Paul Sturm and Scott William Benz |
| 4:2024cv00484 |
| January 26, 2024 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Sallie Kim |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
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| Filing 39 CLERK'S NOTICE RE DOCKET NO. #34 . The hearing on the #18 motion to dismiss previously scheduled for March 28, 2024 at 2:00 p.m. is vacated in light of motion being taken under submission via docket no. 37 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 2/26/2024) Modified on 2/26/2024 to remove pos info (ndr, COURT STAFF). |
| Filing 38 Letter from Ronald S. Draper and Bright Harry to the Hon. Judge Haywood S. Gilliam, Jr.. (Harry, Bright) (Filed on 2/24/2024) |
Filing 37
ORDER by Hon. Haywood S. Gilliam, Jr. Re Dkt. No. #30 . The Court is in receipt of Plaintiffs' third ex parte application seeking remand and requesting an "emergency hearing." Id. The request for an "emergency hearing" is hereby DENIED, and all of the pending motions (Dkt. Nos. #12 , #18 , #19 , #28 , #30 ) are submitted without a hearing. The Court further ORDERS Plaintiffs not to file any additional documents until the Court issues an order permitting further filings. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc4, COURT STAFF) (Filed on 2/23/2024) Modified on 2/23/2024 to remove proof of service information. (hsglc4, COURT STAFF). Modified on 2/23/2024 to specify all pending motions (hsglc4, COURT STAFF).
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| Filing 36 Proposed Order re #18 MOTION to Dismiss Plaintiff's Complaint by Scott William Benz, Daniel B. Coleman, Computer Voice Systems, Inc., Patrick J. Flynn, Greg Hostetler, ION Trading, Inc., KCG Americas LLC, Main Street Trading, Inc., Andrea Pignataro, Paul Sturm, Robert Sylverne, Gary L. Wedbush, Wedbush Securities Inc.. (Henderson, Jeffry) (Filed on 2/23/2024) |
| Filing 35 REPLY (re #18 MOTION to Dismiss Plaintiff's Complaint ) (In Support) filed byScott William Benz, Daniel B. Coleman, Computer Voice Systems, Inc., Patrick J. Flynn, Greg Hostetler, ION Trading, Inc., KCG Americas LLC, Main Street Trading, Inc., Andrea Pignataro, Paul Sturm, Robert Sylverne, Gary L. Wedbush, Wedbush Securities Inc.. (Henderson, Jeffry) (Filed on 2/23/2024) |
| Filing 34 Renotice motion hearing re #18 MOTION to Dismiss Plaintiff's Complaint filed byScott William Benz, Daniel B. Coleman, Computer Voice Systems, Inc., Patrick J. Flynn, Greg Hostetler, ION Trading, Inc., KCG Americas LLC, Main Street Trading, Inc., Andrea Pignataro, Paul Sturm, Robert Sylverne, Gary L. Wedbush, Wedbush Securities Inc.. (Related document(s) #18 ) (Henderson, Jeffry) (Filed on 2/23/2024) |
| Filing 33 EXHIBITS re #30 Third Ex Parte Application to Remand Plaintiffs' State Case Corrected Addendum filed byBright Harry. (Related document(s) #30 ) (Harry, Bright) (Filed on 2/22/2024) Modified text on 2/23/2024 (krp, COURT STAFF). |
| Filing 32 EXHIBITS re #30 Third Ex Parte Application to Remand Plaintiffs' State Case Addendum filed by Bright Harry. (Related document(s) #30 ) (Harry, Bright) (Filed on 2/22/2024) Modified text on 2/23/2024 (krp, COURT STAFF). |
| #Electronic filing error. ***Incorrect event used. [err101] Please re-file in its entirety, using the event Exhibit and then link to the appropriate Ex Parte Application.*** Re: #31 Ex Parte Application Addendum for the 02/21/2024 Ex Parte Application filed by Bright Harry (krp, COURT STAFF) (Filed on 2/22/2024) |
| Filing 31 ***Filing Error. Please Disregard. See Corrected Entry #33 *** Ex Parte Application Addendum for the 02/21/2024 Ex Parte Application filed by Bright Harry. (Harry, Bright) (Filed on 2/21/2024) Modified on 2/23/2024 (krp, COURT STAFF). Modified on 2/23/2024 (krp, COURT STAFF). |
| Filing 30 Third Ex Parte Application Plaintiffs' Continued Ex Parte Application for This Court to Promptly Remand the State Case (# 23CV056019) to California Superior Court, Pursuant to Rule 28 U.S.C. 1447(c), and CLR 7-10. filed by Bright Harry. (Harry, Bright) (Filed on 2/20/2024) Modified text on 2/21/2024 conform to filing (krp, COURT STAFF). |
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Filing 29
ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Judge Araceli Martinez-Olguin no longer assigned to case,. Signed by Clerk on 2/20/2024. (ark, COURT STAFF) (Filed on 2/20/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 28 Second Ex Parte Application Plaintiffs' Continued Ex Parte Application for This Court to Promptly Remand the State Case (# 23CV056019) to California Superior Court, Pursuant to Rule 28 U.S.C. 1447(c), and CLR 7-10. filed by Bright Harry. (Harry, Bright) (Filed on 2/20/2024) Modified text on 2/21/2024 to conform to filing (krp, COURT STAFF). |
| Filing 27 OBJECTION to Defendants' Fraud in Relating Unrelated Cases, and Forum- and Judge-Shopping, to Perfect the Fraudulent Removal by Bright Harry. (Harry, Bright) (Filed on 2/19/2024) Modified text on 2/20/2024 to conform to filing (krp, COURT STAFF). |
| Filing 26 REPLY (re #18 MOTION to Dismiss Plaintiff's Complaint, #19 Second MOTION to Remand State Claims to State Court, #12 Ex Parte Application to Remand ) Reply to Defendants' Response filed byBright Harry. (Harry, Bright) (Filed on 2/19/2024) |
| Filing 25 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss Plaintiff's Complaint ) and illegal Transfer in violation of CLR 3-14 filed byBright Harry. (Harry, Bright) (Filed on 2/17/2024) |
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Filing 24
ORDER RELATING CASE TO 4:17-cv-02385-HSG. Signed by Judge Haywood S. Gilliam, Jr. on 2/16/2024. (ndr, COURT STAFF) (Filed on 2/16/2024)
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| Filing 23 OPPOSITION/RESPONSE (re #19 Second MOTION to Remand State Claims to State Court, #12 Ex Parte Application to Remand ) Defendants' Response in Opposition to Plaintiffs' Motions to Remand (Dkt Nos. 12 and 19) filed by Scott William Benz, Daniel B. Coleman, Computer Voice Systems, Inc., Patrick J. Flynn, Greg Hostetler, ION Trading, Inc., KCG Americas LLC, Main Street Trading, Inc., Andrea Pignataro, Paul Sturm, Robert Sylverne, Gary L. Wedbush, Wedbush Securities Inc.. (Henderson, Jeffry) (Filed on 2/13/2024) Modified text on 2/14/2024 to conform to filing (krp, COURT STAFF). |
| Filing 22 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss Plaintiff's Complaint ) Response to Defendants' Motion to Dismiss filed byBright Harry. (Harry, Bright) (Filed on 2/12/2024) |
| #Electronic filing error. ***Incorrect event used. [err101] Please re-file in its entirety, using the event Opposition/Response to Motion. Within ECF, select: Civil Events > Motions and Related Filings > Responses and Replies > Opposition/Response to Motion*** Re: #21 Reply to Opposition/Response filed by Bright Harry (krp, COURT STAFF) (Filed on 2/12/2024) |
| Filing 21 REPLY (re #18 MOTION to Dismiss Plaintiff's Complaint ) Plaintiffs' Response to Defendants' Motion filed byBright Harry. (Harry, Bright) (Filed on 2/9/2024) |
| Filing 20 Plaintiff's Opposition to Relating Cases That are Unrelated and Unrelatable (re #19 Second MOTION to Remand State Claims to State Court, #12 Ex Parte Application to Remand ) filed byBright Harry. (Harry, Bright) (Filed on 2/5/2024) Modified text on 2/5/2024 to conform to filing. Incorrect event used(krp, COURT STAFF). |
| #Electronic filing error. ***Judge's name and initials are incorrect. Counsel need not re-file the document, but should reference the correct judge's name/initials on future filings.*** Re: #19 Second MOTION to Remand State Claims to State Court filed by Bright Harry (krp, COURT STAFF) (Filed on 2/5/2024) |
| #Electronic filing error. ***Judge's initials are incorrect/missing. Counsel need not re-file the document, but should include for future filings.*** Re: #18 MOTION to Dismiss Plaintiff's Complaint filed by Gary L. Wedbush, Daniel B. Coleman, Greg Hostetler, Main Street Trading, Inc., KCG Americas LLC, Wedbush Securities Inc., Patrick J. Flynn (krp, COURT STAFF) (Filed on 2/5/2024) |
| Filing 19 Second MOTION to Remand State Claims to State Court filed by Bright Harry. Responses due by 2/16/2024. Replies due by 2/23/2024. (Harry, Bright) (Filed on 2/2/2024) |
| Filing 18 MOTION to Dismiss Plaintiff's Complaint filed by Daniel B. Coleman, Patrick J. Flynn, Greg Hostetler, KCG Americas LLC, Main Street Trading, Inc., Gary L. Wedbush, Wedbush Securities Inc.. Motion to Dismiss Hearing set for 3/28/2024 02:00 PM in San Francisco, Courtroom 10, 19th Floor. Responses due by 2/16/2024. Replies due by 2/23/2024. (Henderson, Jeffry) (Filed on 2/2/2024) |
| Filing 17 Judicial Referral for Purpose of Determining Relationship of Cases re 4:20-cv-7352. Signed by Judge Araceli Martinez-Olguin on 1/30/2024. (ads, COURT STAFF) (Filed on 1/30/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bright Harry.. (Harry, Bright) (Filed on 1/30/2024) |
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Filing 15
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Araceli Martinez-Olguin for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 1/30/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 1/30/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ronald S. Draper.. (Harry, Bright) (Filed on 1/30/2024) |
| Filing 13 NOTICE by Daniel B. Coleman, Patrick J. Flynn, Greg Hostetler, KCG Americas LLC, Main Street Trading, Inc., Gary L. Wedbush, Wedbush Securities Inc. re #1 Notice of Removal, Notice to Adverse Party of Removal to Federal Court (Holderness, Howard) (Filed on 1/30/2024) |
| Filing 12 Ex Parte Application to Remand filed by Bright Harry. (Harry, Bright) (Filed on 1/30/2024) |
| Filing 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jlg, COURT STAFF) (Filed on 1/30/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Daniel B. Coleman, Patrick J. Flynn, Greg Hostetler, KCG Americas LLC, Main Street Trading, Inc., Gary L. Wedbush, Wedbush Securities Inc... (Henderson, Jeffry) (Filed on 1/30/2024) |
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Filing 9
ORDER by Magistrate Judge Sallie Kim GRANTING #3 Motion for Pro Hac Vice as to Todd E. Pentecost. (jlg, COURT STAFF) (Filed on 1/29/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 8
ORDER by Magistrate Judge Sallie Kim GRANTING #2 Motion for Pro Hac Vice as to Jeffry M. Henderson. (jlg, COURT STAFF) (Filed on 1/29/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/22/2024. Initial Case Management Conference set for 4/29/2024 01:30 PM in San Francisco, Courtroom C, 15th Floor. (krp, COURT STAFF) (Filed on 1/26/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 6 ***Filing Error. Please Disregard. See Corrected Dkt. #7 *** Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/22/2024. Initial Case Management Conference set for 4/29/2024 01:30 PM in San Francisco, Courtroom C, 15th Floor. (krp, COURT STAFF) (Filed on 1/26/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 1/26/2024 (krp, COURT STAFF). |
| Filing 5 NOTICE of Appearance by Howard Holderness Notice of Appearance of Howard Holderness as Counsel for Defendants Wedbush Securities Inc., KCG Americas LLC, Main Street Trading, Inc., Daniel B. Coleman, Greg Hostetler, Gary L. Wedbush and Patrick J. Flynn (Holderness, Howard) (Filed on 1/26/2024) |
| Filing 4 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/9/2024. (sfb, COURT STAFF) (Filed on 1/26/2024) |
| Filing 3 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19062659.) filed by Daniel B. Coleman, Patrick J. Flynn, Greg Hostetler, KCG Americas LLC, Main Street Trading Inc., Gary L Wedbush, Wedbush Securities Inc.. (Pentecost, Todd) (Filed on 1/26/2024) |
| Filing 2 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19062572.) filed by Daniel B. Coleman, Patrick J. Flynn, Greg Hostetler, KCG Americas LLC, Main Street Trading Inc., Gary L Wedbush, Wedbush Securities Inc.. (Henderson, Jeffry) (Filed on 1/26/2024) |
| Filing 1 NOTICE OF REMOVAL (Filing Fee Paid of $405.00 (Tracking Id: ACANDC-19061905) from Alameda County. Their case number is 23-cv-056019. Filed by Greg Hostetler, Gary L Wedbush, KCG Americas LLC, Patrick J. Flynn, Main Street Trading Inc., Wedbush Securities Inc., Daniel B. Coleman. (Attachments: #1 Civil Cover Sheet)(Holderness, Howard) (Filed on 1/26/2024) Modified on 1/26/2024 (bw, COURT STAFF). |
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