Klocek v. Morgan Stanley
| William S. Klocek |
| Morgan Stanley & Co. LLC and Morgan Stanley |
| 1:2023cv03041 |
| November 16, 2023 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 21
MINUTE ORDER This matter is before the Court on Plaintiff's #20 Second Response to Motion to Compel, which appears to respond to #18 Defendant's Reply in Support of Motion to Compel Arbitration. The Court therefore construes Plaintiff's #20 Second Response as a sur-reply. Neither the Federal Rules of Civil Procedure nor this District's Local Rules of Civil Practice allow for sur-replies as a matter of right. In the Tenth Circuit, "[a] district court must permit a surreply where it relies on new materials--i.e., new evidence or new legal argument--raised in a reply brief." United Fire & Cas. Co. v. Boulder Plaza Residential, LLC, No. 06-cv-00037-PAB-CBS, 2010 WL 420046, at *10 (D. Colo. Feb. 1, 2010) (citing Pippin v. Burlington Res. Oil & Gas Co., 440 F.3d 1186, 1192 (10th Cir. 2006)). Plaintiff's sur-reply was filed without leave, and it does not appear to identify any new evidence or new legal argument that may have been raised in Defendants' reply brief. Accordingly, Plaintiff's #20 Second Response is STRIKEN without prejudice to the filing of an appropriate motion for leave to file sur-reply. Plaintiff shall file any such motion for leave not later than 1/25/2024. The Clerk of Court is instructed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/11/2024. Text Only Entry (stvlc4, )
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| Filing 20 STRICKEN SECOND RESPONSE to #8 MOTION to Compel Arbitration and for Dismissal or, in the Alternative, to Stay Proceedings filed by Plaintiff William S. Klocek. (schap, ) Modified on 1/11/2024 to strike pursuant to the 21 Minute Order (schap, ). |
| Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff William S. Klocek. Only plaintiff has consented. (schap, ) |
| Filing 18 REPLY to Response to #8 MOTION to Compel Arbitration and for Dismissal or, in the Alternative, to Stay Proceedings filed by Defendant Morgan Stanley. (Coombe, Tyler) |
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Filing 17
ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #16 , this case is referred to Magistrate Judge Scott T. Varholak for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 12/18/2023. Text Only Entry (pabsec, )
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| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Defendant Morgan Stanley All parties consent.. (Coombe, Tyler) |
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Filing 15
MINUTE ORDER This matter is before the Court on review of #14 Consent and its attachment. The Consent Form is only signed by Defendant. While the Court is aware of Plaintiff's apparent representation of consent to magistrate judge jurisdiction [see #11 at 4], this District's local rules require that all parties complete and file a Consent Form in order to consent to Magistrate Judge jurisdiction. See D.C.COLO.LCivR 72.2(d) ("To consent to the jurisdiction of a magistrate judge under 28 U.S.C. 636(c), all parties shall complete and file a Consent/Non-Consent to United States Magistrate Judge Jurisdiction form."). Accordingly, the deadline for the parties to file a Consent Form signed by both parties (by hand or electronically) remains 12/28/2023. The Clerk of Court is instructed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/15/2023. Text Only Entry (stvlc4, )
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| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Defendant Morgan Stanley All parties consent.. (Attachments: #1 Exhibit A)(Coombe, Tyler) |
| Filing 13 NOTICE of Filing Amended Exhibit A [Doc. 8-1] to Defendants Motion to Compel Arbitration by Defendant Morgan Stanley (Attachments: #1 Exhibit A - Amended Exhibit A)(Coombe, Tyler) |
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Filing 12
MINUTE ORDER This matter is before the Court upon review of the docket. The parties were instructed to complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form (the "Consent Form") on or before 12/11/2023. [See [# 9 ] Although the Court notes Plaintiff's apparent representation in his [#11] Opposition Response that a Consent Form was previously mailed [see [#11 ] at 4], no Consent Form has been received. The deadline for the parties to file the Consent Form is RESET to 12/28/2023. If no Consent Form has been received by that time, the Court will direct the Clerk of Court to reassign this matter to a District Judge. The Clerk of Court is instructed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/14/2023. Text Only Entry (stvlc4, )
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| Filing 11 BRIEF in Opposition to #8 MOTION to Compel Arbitration and for Dismissal or, in the Alternative, to Stay Proceedings filed by Plaintiff William S. Klocek. (schap, ) |
| Filing 10 NOTICE of Filing State Court Register of Actions by Defendant Morgan Stanley (Attachments: #1 Exhibit - Register of Actions)(Coombe, Tyler) |
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Filing 9
MINUTE ORDER This matter is before the Court upon review of the docket. The deadline for the parties to complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form is RESET to 12/11/2023. The Clerk of Court is instructed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/27/2023. Text Only Entry (stvlc4, )
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| Filing 8 MOTION to Compel Arbitration and for Dismissal or, in the Alternative, to Stay Proceedings by Defendant Morgan Stanley. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Online Application, #3 Exhibit C - Customer Agreement)(Coombe, Tyler) |
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Filing 7
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference. Citizenship Disclosure Statement due by 1/16/2024. Consent Form due by 1/16/2024. Joint Proposed Scheduling Order due 1/23/2024. Scheduling Conference set for 1/30/2024 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. By Magistrate Judge Scott T. Varholak on 11/17/2023. (schap, )
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| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
| Filing 5 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| Filing 4 AFFIDAVIT/RETURN of Service of Complaint, Summons, Attachments, and Letter upon Morgan Stanley on 10/26/2023 (efoga, ) |
| Filing 3 DISTRICT COURT COMPLAINT against Morgan Stanley, filed by William S. Klocek.(efoga, ) |
| Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (efoga, ) |
| Filing 1 NOTICE OF REMOVAL by Morgan Stanley & Co. LLC from Arapahoe County District Court, Case Number 2023cv275. (Filing fee $ 402, Receipt Number BCODC-9399783), filed by Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit A - State Court Complaint and Exhibits, #2 Exhibit B - Proof of Service, #3 Exhibit C - William Klocek - SmartLinx Person Report, #4 Exhibit D - William Klocek - TRACER - Candidate Detail, #5 Exhibit E - William Klocek - Registered Voter Information, #6 Exhibit F - State Court Civil Cover Sheet and Summons, #7 Civil Cover Sheet Civil Cover Sheet, #8 Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet)(Coombe, Tyler) |
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