Valencia v. E*Trade Securities LLC
Plaintiff: Paul Andrew Valencia
Defendant: E*Trade Securities, LLC
Case Number: 1:2021cv00939
Filed: March 5, 2021
Court: US District Court for the Northern District of Georgia
Presiding Judge: Mark H Cohen
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09 U.S.C. ยง 0010
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2021 Submission of #24 MOTION to Dismiss Renewed, to District Judge Mark H. Cohen. (jpa)
April 29, 2021 Filing 30 REPLY BRIEF re #24 MOTION to Dismiss Renewed filed by ETrade Securities, LLC. (Duffield, Todd)
April 15, 2021 Filing 29 RESPONSE in Opposition re #24 Renewed MOTION to Dismiss filed by Paul Andrew Valencia. (Attachments: #1 Exhibit 1 Form U4, #2 Exhibit 2 FINRA Close Out Letter, #3 Exhibit 3 CA Stay at Home Order 12 3 20, #4 Exhibit 4 Covid-19 Order Number 18)(Wilkins, Matthew) Text modified on 4/16/2021 (adg).
March 31, 2021 Opinion or Order Filing 28 ORDER GRANTING #27 Motion for Extension of Time. Petitioner shall have through and including 4/15/2021 to file his response to Respondent's #24 Renewed MOTION to Dismiss. Signed by Judge Mark H. Cohen on 3/31/2021. (cmd)
March 31, 2021 Filing 27 MOTION for Extension of Time to Defendant E*Trade Securities, LLCs Renewed Motion to Dismiss [DOC 24] and Incorporated Memorandum of Law by Paul Andrew Valencia. (Attachments: #1 Exhibit Exhibits A-C)(Hatcher, Collin)
March 31, 2021 Filing 26 Certification of Consent to Substitution of Counsel. Collin Day Hatcher replacing attorney Antoinette Picon Hewitt. (Hatcher, Collin)
March 25, 2021 Clerks Notation re #25 Certificate of Interested Persons reviewed by MHC.(lwb)
March 18, 2021 Filing 25 Certificate of Interested Persons and Corporate Disclosure Statement by ETrade Securities, LLC identifying Corporate Parent Morgan Stanley for ETrade Securities, LLC. (Duffield, Todd)
March 18, 2021 Filing 24 MOTION to Dismiss Renewed with Brief In Support by ETrade Securities, LLC. (Attachments: #1 Brief in Support of Renewed Motion to Dismiss)(Duffield, Todd)
March 18, 2021 Filing 23 NOTICE of Appearance by Harry Manning Rowland, III on behalf of ETrade Securities, LLC (Rowland, Harry)
March 18, 2021 Filing 22 NOTICE of Appearance by Todd Clifford Duffield on behalf of ETrade Securities, LLC (Duffield, Todd)
March 15, 2021 Filing 21 Letter from Clerk re: LR 83.1 Attorney Admission requirements sent to John Patrick Schreiber. Clerk to follow-up by 3/25/2021. (nmb)
March 15, 2021 Filing 20 Letter from Clerk re: LR 83.1 Attorney Admission requirements sent to Danielle L. Ochs. Clerk to follow-up by 3/25/2021. (nmb)
March 15, 2021 Filing 19 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Antoinette Picon Hewitt. Clerk to follow-up by 3/25/2021. (nmb)
March 10, 2021 Opinion or Order Filing 18 ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (dgs) (ADI)
March 9, 2021 Opinion or Order Filing 17 STANDING ORDER regarding civil litigation. Signed by Judge Mark H. Cohen on 3/9/21. (jpa)
March 5, 2021 Opinion or Order Filing 16 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS Signed by Judge Thomas W. Thrash, Jr. on 1/27/21. (aar)
March 5, 2021 Filing 15 Case transferred in from District of California Northern; Case Number 3:21-cv-00161. Original file certified copy of transfer order and docket sheet received.
March 5, 2021 Case electronically transferred to the Northern District of Georgia. (mclS, COURT STAFF) (Filed on 3/5/2021) [Transferred from California Northern on 3/5/2021.]
March 5, 2021 Clerk's Certificate of Mailing as to ETrade Securities, LLC, Paul Andrew Valencia re #16 Order. (aar)
March 4, 2021 Opinion or Order Filing 14 ORDER by Magistrate Judge Sallie Kim granting #10 Motion to Transfer Case. This case is transferred to the United States District Court for the Northern District of Georgia. (mklS, COURT STAFF) (Filed on 3/4/2021) [Transferred from California Northern on 3/5/2021.]
February 26, 2021 Filing 13 REPLY (re #10 MOTION to Transfer Case Pursuant to 28 U.S.C. section 1404(A), or in the Alternative, to Dismiss ) filed byETrade Securities LLC. (Schreiber, John) (Filed on 2/26/2021) [Transferred from California Northern on 3/5/2021.]
February 19, 2021 Filing 12 OPPOSITION/RESPONSE (re #10 MOTION to Transfer Case Pursuant to 28 U.S.C. section 1404(A), or in the Alternative, to Dismiss ) filed byPaul Andrew Valencia. (Attachments: #1 Declaration of Erica Harris in Support of Opposition to Respondent E*Trade's Motion to Transfer Action and Motion to Dismiss)(Hewitt, Antoinette) (Filed on 2/19/2021) [Transferred from California Northern on 3/5/2021.]
February 9, 2021 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Paul Andrew Valencia.. (Hewitt, Antoinette) (Filed on 2/9/2021) [Transferred from California Northern on 3/5/2021.]
February 5, 2021 Filing 10 MOTION to Transfer Case Pursuant to 28 U.S.C. section 1404(A), or in the Alternative, to Dismiss filed by ETrade Securities LLC. Motion Hearing set for 3/22/2021 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 2/19/2021. Replies due by 2/26/2021. (Attachments: #1 Declaration of Joe Corso, #2 Proposed Order)(Schreiber, John) (Filed on 2/5/2021) [Transferred from California Northern on 3/5/2021.]
February 3, 2021 Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 2/17/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 2/3/2021) [Transferred from California Northern on 3/5/2021.]
January 22, 2021 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ETrade Securities LLC.. (Schreiber, John) (Filed on 1/22/2021) [Transferred from California Northern on 3/5/2021.]
January 12, 2021 Filing 7 CERTIFICATE OF SERVICE by ETrade Securities LLC re #1 Notice of Removal, (Schreiber, John) (Filed on 1/12/2021) [Transferred from California Northern on 3/5/2021.]
January 11, 2021 Filing 6 STIPULATION (Joint) to Extend Time for Respondent E*Trade Securities LLC to Respond to Petitioner Paul Valencia's Petition to Vacate Arbitration Award filed by ETrade Securities LLC. (Schreiber, John) (Filed on 1/11/2021) [Transferred from California Northern on 3/5/2021.]
January 8, 2021 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 4/5/2021 . Initial Case Management Conference set for 4/12/2021 01:30 PM. (mclS, COURT STAFF) (Filed on 1/8/2021) [Transferred from California Northern on 3/5/2021.]
January 8, 2021 Filing 4 Rule 7.1 Disclosures by ETrade Securities LLC identifying Corporate Parent ETCM Holdings, LLC, Corporate Parent Morgan Stanley Capital Management, LLC, Corporate Parent Morgan Stanley Domestic Holdings, Inc., Corporate Parent E*TRADE Financial Holdings, LLC, Corporate Parent Morgan Stanley for. re #1 Notice of Removal, (Ochs, Danielle) (Filed on 1/8/2021) [Transferred from California Northern on 3/5/2021.]
January 8, 2021 Filing 3 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/22/2021. (jmlS, COURT STAFF) (Filed on 1/8/2021) [Transferred from California Northern on 3/5/2021.]
January 8, 2021 Filing 2 Certificate of Interested Entities by ETrade Securities LLC identifying Other Affiliate Morgan Stanley Capital Management, LLC, Other Affiliate Morgan Stanley Domestic Holdings, Inc., Other Affiliate ETCM Holdings, LLC, Other Affiliate E*TRADE Financial Holdings, LLC, Other Affiliate Morgan Stanley for. re #1 Notice of Removal, (Ochs, Danielle) (Filed on 1/8/2021) Modified on 1/8/2021 (mclS, COURT STAFF). [Transferred from California Northern on 3/5/2021.]
January 8, 2021 Filing 1 NOTICE OF REMOVAL of Civil Action Under 28 U.S.C. 1332 and 1441 from San Mateo Superior Court. Their case number is 20-CIV-05523. (Filing fee $402 receipt number 0971-15417536). Filed byETrade Securities LLC. (Attachments: #1 *** Copy of State Court Petition attached *** - Exhibit A, #2 Civil Cover Sheet)(Ochs, Danielle) (Filed on 1/8/2021) Modified on 1/8/2021 (mclS, COURT STAFF). [Transferred from California Northern on 3/5/2021.]
January 8, 2021 #Electronic filing error. The County Code in the case opening screen has been corrected to "US, Outside State" as it refers to plaintiff's county of residence. T he Origin code has also been corrected to "2 - Removal from State Court". Corrected by Clerk's Office. No further action is necessary. Re: #1 Notice of Removal, filed by ETCM Holdings, LLC, E*Trade Securities LLC. (mclS, COURT STAFF) (Filed on 1/8/2021) [Transferred from California Northern on 3/5/2021.]

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Defendant: E*Trade Securities, LLC
Represented By: Harry Manning Rowland, III
Represented By: Todd Clifford Duffield
Represented By: John Patrick Schreiber
Represented By: Danielle L. Ochs
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Plaintiff: Paul Andrew Valencia
Represented By: Matthew Michael Wilkins
Represented By: Antoinette Picon Hewitt
Represented By: Collin Day Hatcher
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