Viyella v. Fundacion Nicor et al
| Viyella Candido and Candido Viyella |
| Fundacion Nicor and Morgan Stanley Smith Barney, LLC |
| 1:2019cv25094 |
| December 10, 2019 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Jonathan Goodman |
| Other Statutes: Arbitration |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on February 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 51 RESPONSE in Opposition re #49 Renewed MOTION for Preliminary Injunction Against Proceeding in FINRA Arbitration filed by Fundacion Nicor. Replies due by 2/14/2020. (Carlson, Curtis) |
| Filing 50 AFFIDAVIT signed by: Curtis Carlson re #49 Renewed MOTION for Preliminary Injunction Against Proceeding in FINRA Arbitration by Fundacion Nicor (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carlson, Curtis) |
| Filing 49 Renewed MOTION for Preliminary Injunction Against Proceeding in FINRA Arbitration by Morgan Stanley Smith Barney, LLC. (Attachments: #1 Exhibit 1 - FINRA Statement of Claim filed by Fundacion Nicor, #2 Exhibit 2 - Amended Complaint, #3 Exhibit 3 - Memorandum in Response)(Martinez, Juan) |
Filing 48
ORDER Scheduling Mediation before Pamela I. Perry, Esq. Mediation Hearing set for 2/14/2020 10:00 AM. Signed by Judge Cecilia M. Altonaga on 1/31/2020. See attached document for full details. (drz)
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Filing 47
ORDER re #24 Scheduling Order,, Order Referring Case to Mediation,, Order Referring Case to Magistrate Judge, Signed by Judge Cecilia M. Altonaga on 1/28/2020. See attached document for full details. (drz)
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Filing 46
ORDER denying #38 Motion for Leave to File Sur-Response; denying #26 Motion for Preliminary Injunction; denying #37 Motion for Leave to File Sur-Response. Movants may re-file their joint motion. Separate reply memoranda by Movants are not permitted, and no sur-response by Fundacion Nicor is permitted. Signed by Judge Cecilia M. Altonaga on 1/23/2020. See attached document for full details. (ps1)
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| Filing 45 REPLY to Response to Motion re #38 Defendant's MOTION for Leave to File Sur-Response to Morgan Stanley Reply filed by Fundacion Nicor. (Carlson, Curtis) |
| Filing 44 RESPONSE in Opposition re #38 Defendant's MOTION for Leave to File Sur-Response to Morgan Stanley Reply In Support of Joint Motion for Preliminary Injunction filed by Morgan Stanley Smith Barney, LLC. Replies due by 1/29/2020. (Martinez, Juan) |
| Filing 43 REPLY to Response to Motion re #37 Motion for Leave to File Sur-Response filed by Fundacion Nicor. (Carlson, Curtis) |
| Filing 42 NOTICE by Morgan Stanley Smith Barney, LLC Fundacion Nicor's Response to First Request for Admissions (Attachments: #1 Exhibit 1) (Martinez, Juan) |
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Filing 41
ORDER setting expedited response/reply deadlines as to #38 Defendant's MOTION for Leave to File Sur-Response to Morgan Stanley Reply: Responses due by 1/22/2020, Replies due by 1/23/2020. Signed by Judge Cecilia M. Altonaga on 1/21/2020. See attached document for full details. (ps1)
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| Filing 40 RESPONSE in Opposition re #37 Motion for Leave to File filed by Candido Viyella. Replies due by 1/27/2020. (Stok, Robert) |
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Filing 39
ORDER requiring expedited response/reply as to #37 Motion for Leave to File: Responses due by 1/21/2020, Replies due by 1/22/2020. Signed by Judge Cecilia M. Altonaga on 1/17/2020. See attached document for full details. (ps1)
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| Filing 38 Defendant's MOTION for Leave to File Sur-Response to Morgan Stanley Reply by Fundacion Nicor. (Attachments: #1 Memorandum)(Carlson, Curtis) |
| Filing 37 MOTION to File Sur-Reply in Opposition to #26 Joint MOTION for Preliminary Injunction and Motion #33 Viyella's Reply in Support of #26 Joint MOTION for Preliminary Injunction filed by Fundacion Nicor. Replies due by 1/23/2020. (Attachments: #1 Exhibit Defendant Fundacion Nicor's Sur-Response to Viyella's Reply in Support of the Joint Motion for Preliminary Injunction)(Carlson, Curtis) Modified to Motion on 1/17/2020 (ps1). |
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Filing 36
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER Signed by Magistrate Judge Jonathan Goodman on 1/16/2020. See attached document for full details. (tb)
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| Filing 35 NOTICE by Fundacion Nicor re #27 Response in Opposition to Motion (Attachments: #1 Deposition Candido Viyella Deposition) (Carlson, Curtis) |
| Filing 34 RESPONSE in Support re #26 Joint MOTION for Preliminary Injunction Against Proceeding in FINRA Arbitration filed by Morgan Stanley Smith Barney, LLC. (Martinez, Juan) |
| Filing 33 REPLY to Response to Motion re #26 Joint MOTION for Preliminary Injunction filed by Candido Viyella. (Stok, Robert) |
| Filing 32 ANSWER to Crossclaim by Fundacion Nicor. Attorney Curtis David Carlson added to party Fundacion Nicor(pty:crd). (Carlson, Curtis) |
| Filing 31 ANSWER to Amended Complaint by Fundacion Nicor. (Carlson, Curtis) |
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Filing 30
ORDER denying #29 Motion for Sanctions. Signed by Judge Cecilia M. Altonaga on 1/9/2020. See attached document for full details. (ps1)
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| Filing 29 Defendant's MOTION for Sanctions Against Plaintiff Viyella by Fundacion Nicor. (Carlson, Curtis) |
| Filing 28 AFFIDAVIT in Opposition re #26 Joint MOTION for Preliminary Injunction filed by Fundacion Nicor. (Attachments: #1 Escritura, #2 Cambio de Miembros, #3 Emails, #4 Emails, #5 Emails, #6 Text Messages, #7 Emails)(Carlson, Curtis) |
| Filing 27 RESPONSE in Opposition re #26 Joint MOTION for Preliminary Injunction filed by Fundacion Nicor. Replies due by 1/15/2020. (Carlson, Curtis) |
| Filing 26 Joint MOTION for Preliminary Injunction by Candido Viyella. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Stok, Robert) |
| Filing 25 ANSWER to Amended Complaint by Morgan Stanley Smith Barney, LLC. (Martinez, Juan) |
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Filing 24
ORDER SETTING BENCH TRIAL AND PRE-TRIAL SCHEDULE: ( Calendar Call set for 8/25/2020 09:00 AM before Judge Cecilia M. Altonaga., Bench Trial set for 8/31/2020 before Judge Cecilia M. Altonaga. ), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 5/11/2020.), ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 1/6/2020. See attached document for full details. (drz)
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| Filing 23 Joint SCHEDULING REPORT - Rule 16.1 by Candido Viyella (Stok, Robert) |
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Filing 22
PAPERLESS ORDER granting #21 Motion for Extension of Time. The parties have until January 3, 2020 to file their joint scheduling report. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 21 MOTION for Extension of Time to file a Joint Scheduling Report, up through and including January 3, 2020 re #7 Order Requiring Joint Scheduling Report, by Candido Viyella. Responses due by 1/13/2020 (Stok, Robert) |
| Filing 20 AMENDED COMPLAINT against Fundacion Nicor, Morgan Stanley Smith Barney, LLC, filed by Candido Viyella.(Stok, Robert) |
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Filing 19
ORDER granting in part #16 Unopposed Motion for Reconsideration. Morgan Stanley need not be realigned as a plaintiff in this action, but to the extent Morgan Stanley wishes to file a motion for a preliminary injunction to enjoin the FINRA arbitration, it must include its arguments in a combined motion with Plaintiff. Signed by Judge Cecilia M. Altonaga on 12/23/2019. See attached document for full details. (wc)
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| Filing 18 NOTICE of Attorney Appearance by Ava Janine Borrasso on behalf of Fundacion Nicor. Attorney Ava Janine Borrasso added to party Fundacion Nicor(pty:dft). (Borrasso, Ava) |
| Filing 17 NOTICE of Attorney Appearance by Curtis David Carlson on behalf of Fundacion Nicor. Attorney Curtis David Carlson added to party Fundacion Nicor(pty:dft). (Carlson, Curtis) |
| Filing 16 Unopposed MOTION for Reconsideration re #15 Order on Motion for Temporary Restraining Order by Morgan Stanley Smith Barney, LLC. (Martinez, Juan) |
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Filing 15
ORDER denying #13 Motion for Temporary Restraining Order. Amended Complaint due by 12/30/2019. Signed by Judge Cecilia M. Altonaga on 12/6/2019. See attached document for full details. (drz)
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| Filing 14 PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Telephone Conference held on 12/16/2019. Total time in court: 0 hour(s) : 30 minutes. Attorney Appearance(s): Juan Carlos Martinez, Robert A. Stok, David Isidore Rosenblatt, Frederick Schrils, Sidney Feldman, Curtis Carlson. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (ada) |
| Filing 13 MOTION for Temporary Restraining Order by Candido Viyella. Responses due by 12/27/2019 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Composite Exhibit D, #5 Exhibit Composite Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Stok, Robert) |
| Filing 12 Summons Issued as to Fundacion Nicor. (dj) |
| Filing 11 NOTICE of Filing Proposed Summons(es) by Morgan Stanley Smith Barney, LLC re #9 Crossclaim filed by Morgan Stanley Smith Barney, LLC (Martinez, Juan) |
| Filing 10 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - Defendant's address is not included. (dj) |
| Filing 9 CROSSCLAIM FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF against Fundacion Nicor, filed by Morgan Stanley Smith Barney, LLC. (Attachments: #1 Summon(s) For Fundacion Nicor)(Martinez, Juan) |
| Filing 8 PAPERLESS NOTICE of Hearing: Telephonic Status Conference, re: service of Complaint on Defendant Fundacion Nicor set for 12/16/2019 10:30 AM in Miami Division before Judge Cecilia M. Altonaga. The parties may appear by phone and are instructed to call 1-888-684-8852 on the date and time set forth above. The access code is 3156459 and the password is 5510. FOR CLARITY, PLEASE DO NOT USE A CELL PHONE OR A SPEAKER PHONE. (ps1) |
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Filing 7
Order Requiring Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report due by 12/30/2019 Signed by Judge Cecilia M. Altonaga on 12/11/2019. See attached document for full details. (drz) Modified on 12/12/2019 (drz).
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Filing 6
ORDER denying #4 Motion for Preliminary Injunction. Signed by Judge Cecilia M. Altonaga on 12/11/2019. See attached document for full details. (ps1)
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| Filing 5 NOTICE of Attorney Appearance by Juan Carlos Martinez on behalf of Morgan Stanley Smith Barney, LLC. Attorney Juan Carlos Martinez added to party Morgan Stanley Smith Barney, LLC(pty:dft). (Martinez, Juan) |
| Filing 4 MOTION for Preliminary Injunction by Candido Viyella. (Attachments: #1 Exhibit)(Stok, Robert) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) |
| Filing 1 COMPLAINT against Fundacion Nicor, Morgan Stanley Smith Barney, LLC. Filing fees $ 400.00 receipt number 113C-12215212, filed by Viyella Candido. (Attachments: #1 Civil Cover Sheet)(Stok, Robert) |
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