Tarver v. Morgan Stanley Smith Barney LLC
| Benjamin D. Tarver |
| Morgan Stanley Smith Barney LLC |
| 6:2026cv01129 |
| May 21, 2026 |
| U.S. District Court for the Middle District of Florida |
| Daniel C Irick |
| Anne-Leigh Gaylord Moe |
| Consumer Credit |
| 15 U.S.C. § 1693 Electronic Fund Transfer Act (EFTA) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 32 CERTIFICATE of compliance certifying no third-party litigation funding by Morgan Stanley Smith Barney LLC. (Handberg, Roger) |
| Filing 31 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Morgan Stanley Smith Barney LLC identifying Corporate Parent Morgan Stanley, Corporate Parent Morgan Stanley Domestic Holdings, Inc., Corporate Parent Morgan Stanley Capital Management, LLC for Morgan Stanley Smith Barney LLC.. (Handberg, Roger) |
| Filing 30 SUR-REPLY in Further Opposition to Defendant's Motion re #21 MOTION to Compel arbitration filed by Benjamin D. Tarver. (MSN) |
| Filing 29 NOTICE Regarding Outstanding Disclosure Obligations and Notice of Pendency of Other Actions by Benjamin D. Tarver (MSN) |
| Filing 28 REPLY to Response to Motion re #21 MOTION to Compel arbitration filed by Morgan Stanley Smith Barney LLC. (Attachments: #1 Affidavit Declaration of Erik Renga, #2 Exhibit Important Update About Your E*TRADE Account, #3 Exhibit E*TRADE from Morgan Stanley Client Agreement for Self-Directed Accounts, effective August 1, 2025)(Handberg, Roger). |
Filing 27
ENDORSED ORDER granting #26 Motion for Leave to File Reply. Defendant may file a five-page reply (and the attachments described in the Motion) within five days re the #21 Motion to Compel Arbitration. Within five days of that reply, Plaintiff may file a five-page sur-reply addressing any new arguments or evidence raised by the reply. Signed by Magistrate Judge Daniel C. Irick on 7/6/2026. (Irick, Daniel)
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| Filing 26 MOTION for Leave to File Reply to Plaintiff's Response in Opposition to the Defendant's Motion to Compel Arbitration and to Stay Proceedings Pending Arbitration by Morgan Stanley Smith Barney LLC. (Handberg, Roger) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 25 CERTIFICATE of compliance re #19 Response in Opposition to Motion, #21 MOTION to Compel arbitration (regarding Court's Standing Order Requiring Use of Artificial Intelligence) by Morgan Stanley Smith Barney LLC. (Handberg, Roger) |
| Filing 24 NOTICE Regarding Apparent Omission of Required Artificial Intelligence Certification by Benjamin D. Tarver.(Main Document 24 replaced on 6/22/2026). Modified on 6/22/2026 to include missing page (MLB). |
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Filing 23
ENDORSED ORDER denying #17 Motion for Clerk's Entry of Default, as premature. For the reasons set forth in the #19 Response, at the time the Motion was filed Defendant's time to respond had not expired. See Fed.R.Civ.P. 5, 6, and 12. Signed by Magistrate Judge Daniel C. Irick on 6/22/2026. (Irick, Daniel)
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| Filing 22 RESPONSE in Opposition re #21 MOTION to Compel arbitration filed by Benjamin D. Tarver. (MLB) |
| Filing 21 MOTION to Compel arbitration by Morgan Stanley Smith Barney LLC. (Attachments: #1 Exhibit Tarver's April 15, 2018 Account Application, #2 Exhibit Tarver's Customer Agreement)(Handberg, Roger) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 20 NOTICE of a related action per Local Rule 1.07(c) by Morgan Stanley Smith Barney LLC. Related case(s): Yes (Handberg, Roger) |
| Filing 19 RESPONSE in Opposition re #17 MOTION for Clerk's Entry of Default against Morgan Stanley Smith Barney LLC filed by Morgan Stanley Smith Barney LLC. (Handberg, Roger). |
| Filing 18 NOTICE of Lead Counsel Designation by Roger Handberg on behalf of Morgan Stanley Smith Barney LLC. Lead Counsel: Roger B. Handberg. (Handberg, Roger) |
| NOTICE of CONSENT to Receive Notices of Electronic Filings at the email address of record by Benjamin D. Tarver. (RPB) |
| Filing 17 MOTION for Clerk's Entry of Default against Morgan Stanley Smith Barney LLC by Benjamin D. Tarver. (Attachments: #1 Proposed Order)(ARL) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 16 NOTICE to Benjamin D. Tarver - A pro se litigant may consent to receive Notices of Electronic Filings by completing the consent form linked #here or by visiting the court's website at https://www.flmd.uscourts.gov/litigants-without-lawyers. (RPB) |
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Filing 15
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
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| Filing 14 RETURN of service executed on 5/22/2026 by Benjamin D. Tarver as to Morgan Stanley Smith Barney LLC. (MSN) |
| Filing 13 CERTIFICATE of compliance with Rule 11 re #12 Order by Benjamin D. Tarver. (MSN) |
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Filing 12
STANDING ORDER REQUIRING DISCLOSURE OF USE OF ARTIFICIAL INTELLIGENCE. Signed by Judge Anne-Leigh Gaylord Moe on 5/28/2026. (TAH)
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| Filing 11 NOTICE of Certification of No Third Party Litigation Funding by Benjamin D. Tarver (Attachments: #1 Mailing Envelope)(MSN) |
| Filing 10 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Benjamin D. Tarver. (Attachments: #1 Mailing Envelope)(MSN) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Benjamin D. Tarver. Related case(s): No (Attachments: #1 Mailing Envelope)(MSN) |
| Filing 8 CERTIFICATE of service by Benjamin D. Tarver re #7 Amended Complaint. (MSN) |
| Filing 7 AMENDED COMPLAINT against Morgan Stanley Smith Barney LLC with Jury Demand. filed by Benjamin D. Tarver. Related document: #1 Complaint, filed by Benjamin D. Tarver. (Attachments: #1 Exhibit A)(MSN) |
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Filing 6
ENDORSED ORDER dismissing without prejudice #1 Plaintiff's complaint for failure to comply with technical pleading requirements under Federal Rules of Civil Procedure 8(a) and 10(b). The Complaint impermissibly incorporates all of its allegations into each subsequent count, and fails to give the Defendant "adequate notice of the claims against [it] and the grounds upon which each claim rests." Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1323 (11th Cir. 2015). By June 1, 2026, Plaintiff may refile an amended complaint that complies with all applicable rules. Failure to timely file an amended complaint may result in dismissal of the case without further notice. Signed by Judge Anne-Leigh Gaylord Moe on 5/26/2026. (TAH)
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Filing 5
STANDING ORDER REQUIRING DISCLOSURE OF THIRD-PARTY LITIGATION FUNDING. Signed by Judge Anne-Leigh Gaylord Moe on 5/22/2026. (RMF)
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| Filing 4 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) |
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Filing 3
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules became effective November 1, 2025, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Anne-Leigh Gaylord Moe on 5/22/2026. (RMF)
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| Filing 2 SUMMONS issued as to Morgan Stanley Smith Barney LLC. (MSN) |
| Filing 1 COMPLAINT against Morgan Stanley Smith Barney LLC with Jury Demand Filing fee $405, receipt number ORL 118710 filed by Benjamin D. Tarver. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Mailing Envelope)(MSN) |
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| Plaintiff: Benjamin D. Tarver | |
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| Defendant: Morgan Stanley Smith Barney LLC | |
| Represented By: | Roger Handberg |
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