Fidelity Brokerage Services LLC v. Guadagnino et al
| Fidelity Brokerage Services LLC |
| Morgan Stanley Smith Barney LLC and Anthony Guadagnino |
| 9:2019cv81362 |
| October 4, 2019 |
| US District Court for the Southern District of Florida |
| Bruce E Reinhart |
| Rodolfo A Ruiz |
| Other Statutory Actions |
| None |
Docket Report
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Filing 33
PAPERLESS ORDER taking under advisement #13 Plaintiff's Motion for Preliminary Injunction and resetting the hearing. The evidentiary hearing previously scheduled for 1/14/20 is cancelled and is hereby RESET for 1/17/2020 at 9:30 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 12/2/2019. (hk02)
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Filing 32
ORDER GRANTING IN PART PLAINTIFF'S #4 MOTION FOR EXPEDITED DISCOVERY AND SETTING EVIDENTIARY HEARING ON MOTION FOR PRELIMINARY INJUNCTION. Evidentiary Hearing set for 1/14/2020 09:30 AM before Magistrate Judge Bruce E. Reinhart. Responses due by 12/6/2019 Replies due by 12/29/2019. Signed by Magistrate Judge Bruce E. Reinhart on 11/25/2019. See attached document for full details. (kpe)
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| Filing 31 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing on Plaintiff's Motion for Expedited Discovery (DE 4) held on 11/25/2019. Total time in court: 40 minutes. (Digital 13:05:43) (hk02) |
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Filing 30
PAPERLESS ORDER granting #29 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Susan Guerette. Signed by Magistrate Judge Bruce E. Reinhart on 11/22/2019. (hk02)
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| Filing 29 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Susan Guerette. Filing Fee $ 75.00 Receipt # 113C-12172557 by Fidelity Brokerage Services LLC. Responses due by 12/6/2019 (Attachments: #1 Certification, #2 Certification, #3 Text of Proposed Order)(Holt, Michael) |
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Filing 28
PAPERLESS ORDER taking under advisement #4 Plaintiff's Motion to Expedite Discovery and setting a telephonic Discovery Hearing for 11/25/2019 at 1:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel shall participate in the call using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 11/21/2019. (hk02)
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Filing 27
ORDER REFERRING #4 Plaintiff's Motion to Expedite Discovery in Aid of Preliminary Injunction Proceedings and #13 Plaintiff's Motion for Preliminary Injunction to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A Ruiz on 11/20/2019. See attached document for full details. (btr)
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| Filing 26 REPLY to Response to Motion re #4 Plaintiff's MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings filed by Fidelity Brokerage Services LLC. (Attachments: #1 Exhibit 1 - Supplemental Declaration of Heath Odom)(Holt, Michael) |
| Filing 25 RESPONSE in Opposition re #4 Plaintiff's MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings filed by Morgan Stanley Smith Barney LLC. Replies due by 11/8/2019. (Paez, Yenisleyvis) |
| Filing 24 RESPONSE in Opposition re #4 Plaintiff's MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings filed by Anthony Guadagnino. Replies due by 11/8/2019. (Attachments: #1 Exhibit Guadagnino's CRD, #2 Exhibit Summary of Fidelity's CRD, #3 Exhibit Regulatory Notice 16-25, #4 Exhibit FINRA Rule 2010, #5 Exhibit FINRA Rule 13510, #6 Exhibit Sample Form U4, #7 Exhibit FINRA Rule 13200, #8 Exhibit Falchi Order)(Taaffe, Michael) |
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Filing 23
ORDER granting #22 Motion for Extension of Time to File. Signed by Judge Rodolfo A Ruiz on 10/28/2019. See attached document for full details. (btr)
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| Filing 22 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, #4 Plaintiff's MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings, #13 Plaintiff's MOTION for Preliminary Injunction and to Set Briefing Schedule by Fidelity Brokerage Services LLC. (Attachments: #1 Text of Proposed Order)(Holt, Michael) |
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Filing 21
ORDER denying #7 Motion to Compel Arbitration. Signed by Judge Rodolfo A Ruiz on 10/21/2019. See attached document for full details. (btr)
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| Filing 20 REPLY to Response to Motion re #7 MOTION to Compel Arbitration By Date Certain EXPEDITED filed by Anthony Guadagnino. (Attachments: #1 Exhibit A-Falchi Order)(Taaffe, Michael) |
| Filing 19 ACKNOWLEDGMENT OF SERVICE as to #1 Complaint, #4 Plaintiff's MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings filed by Fidelity Brokerage Services LLC. (Holt, Michael) |
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Filing 18
PAPERLESS ORDER granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joseph E. Gehring, Jr. Signed by Judge Rodolfo A Ruiz on 10/17/2019. (btr)
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| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph E. Gehring, Jr.. Filing Fee $ 75.00 Receipt # 113C-12070170 by Morgan Stanley Smith Barney LLC. Responses due by 10/30/2019 (Attachments: #1 Certification Pro Hac Vice Certification, #2 Text of Proposed Order Pro Hac Vice Certification)(Paez, Yenisleyvis) |
| Filing 16 NOTICE of Attorney Appearance by Yenisleyvis Paez on behalf of Morgan Stanley Smith Barney LLC. Attorney Yenisleyvis Paez added to party Morgan Stanley Smith Barney LLC(pty:dft). (Paez, Yenisleyvis) |
| Filing 15 RESPONSE in Opposition re #7 MOTION to Compel Arbitration By Date Certain EXPEDITED filed by Fidelity Brokerage Services LLC. Replies due by 10/23/2019. (Attachments: #1 Exhibit 1 - FINRA Rule 13200, #2 Exhibit 2 - FINRA Rule 13804, #3 Exhibit 3 - FINRA Rule 13100, #4 Exhibit 4 - Oct. 2, 2019 Letter from FINRA, #5 Exhibit 5 - Complaint in Morgan Stanley v. Abel, #6 Exhibit 6 - Plaintiff's Motion to Stay and Extend TRO in Morgan Stanley v. Abel, #7 Exhibit 7 - Complaint in Morgan Stanley v. Fitzgerald, #8 Exhibit 8 - Plaintiff's Motion for Expedited Discovery in Morgan Stanley v. Daniel)(Holt, Michael) |
| Filing 14 ACKNOWLEDGMENT OF SERVICE as to #1 Complaint, #4 Plaintiff's MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings filed by Fidelity Brokerage Services LLC. (Holt, Michael) |
| Filing 13 Plaintiff's MOTION for Preliminary Injunction by Fidelity Brokerage Services LLC. (Attachments: #1 Exhibit 1 - FINRA Educational Notice, #2 Text of Proposed Order)(Holt, Michael) |
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Filing 12
ORDER expediting briefing schedule for #7 Defendant's Expedited Motion to Compel Arbitration. Signed by Judge Rodolfo A Ruiz on 10/11/2019. See attached document for full details. (btr)
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| Set Deadlines per DE #12 Order as to #7 MOTION to Compel. Responses due by 10/16/2019. Replies due by 10/18/2019. (kpe) |
| Filing 11 Clerks Notice to Filer re #6 Notice of Attorney Appearance. Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to the case. The Clerk has added the attorney to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. (kpe) |
| Filing 10 NOTICE of Attorney Appearance by Michael D. Bressan on behalf of Anthony Guadagnino. Attorney Michael D. Bressan added to party Anthony Guadagnino(pty:dft). (Bressan, Michael) |
| Filing 9 NOTICE of Attorney Appearance by Jarrod J. Malone on behalf of Anthony Guadagnino. Attorney Jarrod J. Malone added to party Anthony Guadagnino(pty:dft). (Malone, Jarrod) |
| Filing 8 NOTICE of Filing Declaration by Anthony Guadagnino re #7 MOTION to Compel Arbitration By Date Certain EXPEDITED Of Filing Declaration (Attachments: #1 Affidavit Declaration of Guadagnino, #2 Exhibit A-CRD, #3 Exhibit B-resignation ltr, #4 Exhibit C-correspondence, #5 Exhibit D-sample declaration, #6 Exhibit E-Form U4, #7 Exhibit F-Rule 2140, #8 Exhibit G-Rule 11870, #9 Exhibit H-Rule 2010, #10 Exhibit I-announcement, #11 Exhibit J-sample public record, #12 Exhibit K-2273 letter) (Taaffe, Michael) Modified text on 10/9/2019 (kpe). |
| Filing 7 MOTION to Compel Arbitration By Date Certain EXPEDITED by Anthony Guadagnino. Responses due by 10/23/2019 (Attachments: #1 Exhibit A-Rule 13804, #2 Exhibit B-Bernstein v Brief order, #3 Exhibit C-ML v Krepfle, #4 Exhibit D-Reg Notice 16-25, #5 Text of Proposed Order proposed Order)(Taaffe, Michael) |
| Filing 6 NOTICE of Attorney Appearance by Michael S. Taaffe on behalf of Anthony Guadagnino (Taaffe, Michael) |
| Filing 5 NOTICE of Attorney Appearance by Michael S. Taaffe on behalf of Anthony Guadagnino. Attorney Michael S. Taaffe added to party Anthony Guadagnino(pty:dft). (Taaffe, Michael) |
| Filing 4 Plaintiff's MOTION to Expedite Discovery in Aid of Preliminary Injunction Proceedings by Fidelity Brokerage Services LLC. (Attachments: #1 Exhibit 1 - Proposed Requests for Production, #2 Text of Proposed Order)(Holt, Michael) |
| Filing 3 Summons Issued as to Anthony Guadagnino, Morgan Stanley Smith Barney LLC. (bb) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A Ruiz. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 1 COMPLAINT against Anthony Guadagnino, Morgan Stanley Smith Barney LLC. Filing fees $ 400.00 receipt number 113C-12040151, filed by Fidelity Brokerage Services LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit 1 - Affidavit of Heath Odom with Exhibits)(Holt, Michael) |
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