Bey v. Fidelity Investments, LLC, FMR, LLC
| Kevin Orson Charles D Bey |
| Fidelity Investments, LLC, FMR, LLC and Fidelity Brokerage Services LLC |
| 1:2024cv00317 |
| January 16, 2024 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Eric R Komitee |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.
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| Filing 16 NOTICE of Summons of Writ of Quo Warranto, filed by Kevin Orson Charles Dey Bey. (SG) |
| Filing 15 Notice to Agent is Notice to Principal Notice to Principal is Notice to Agent filed by Pro Se Plaintiff Kevin Orson Charles Dey Bey. (ENE) |
ORDER re Dkt. #9 letter. Defendant has informed the Court that it "inadvertently" filed its motion to dismiss and related documents (Dkts. 5-7). The Court directs the Clerk's Office to strike Dkts. 5-7 from the docket as prematurely filed. The motion to dismiss is hereby terminated without prejudice and with leave to refile at the appropriate time, if necessary. (SGC)
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| NOTICE -- Respondent/Defendant Fidelity Brokerage Services LLC submitted a letter requesting a pre-motion conference on an anticipated motion to dismiss on February 20, 2024. Plaintiff is reminded that pursuant to Rule III.B.4 of Judge Komitee's # Individual Rules and Practices , plaintiffs are required to serve and file a letter response of three pages or less, within five days of service of defendants' letter. (APJ) |
| Filing 14 MEMORANDUM in Opposition re #8 MOTION to Remand to State Court , County of Kings, filed filed by Fidelity Investments, LLC, FMR, LLC. (Scotch-Marmo, Stephen) |
| Filing 13 Letter MOTION for pre motion conference by Fidelity Investments, LLC, FMR, LLC. (Scotch-Marmo, Stephen) |
| Filing 12 AFFIDAVIT/DECLARATION in Opposition re #8 MOTION to Remand to State Court , County of Kings, filed filed by Fidelity Investments, LLC, FMR, LLC. (Attachments: #1 Exhibit 1 - Fidelity Investments UK, Inc. Articles of Organization, #2 Exhibit 2 - Fidelity Investments UK's Articles of Amendment) (Scotch-Marmo, Stephen) |
| Filing 11 SUMMONS Returned Executed by Kevin Orson Charles D Bey. Fidelity Investments, LLC, FMR, LLC served on 2/7/2024, answer due 2/28/2024. (ENE) |
| Filing 10 CERTIFICATE OF SERVICE by Fidelity Investments, LLC, FMR, LLC of Judge Cho's Order of Feb. 8, 2024 (Scotch-Marmo, Stephen) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge James R. Cho. Magistrate Judge James R. Cho no longer assigned as presider to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (DA) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Eric R. Komitee for all further proceedings. Judge Dora Lizette Irizarry no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 2/8/2024. (CV)
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| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (SGC) |
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ORDER: In light of the request to have a District Judge assigned to the case. The in person status conference previously scheduled for 2/21/2024 is canceled. Counsel for defendant is directed to immediately forward a copy of this Order to the plaintiff, who is proceeding pro se, and file proof of service with the Court. Ordered by Magistrate Judge James R. Cho on 2/8/2024. (SGC)
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| Filing 9 Letter to Magistrate Judge James R. Chi by Fidelity Investments, LLC, FMR, LLC (Scotch-Marmo, Stephen) |
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SCHEDULING ORDER: An in person status conference will be held on 2/21/2024 at 3:30 p.m. in Courtroom 11D South before Magistrate Judge James R. Cho. Counsel for all parties must attend. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 2/7/2024. (SGC)
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| Filing 8 NOTICE of Removal and MOTION to Remand to State Court , County of Kings, filed by Kevin Orson Charles D Bey. (SG) Modified on 2/7/2024 (SG). |
| Filing 7 AFFIDAVIT/DECLARATION in Support re #5 MOTION to Dismiss for Failure to State a Claim filed by Fidelity Investments, LLC, FMR, LLC. STRICKEN (Attachments: #1 Exhibit A - Memorandum Opinion, #2 Exhibit B -Fidelity Account Application, #3 Exhibit C - Fidelity Customer Account, #4 Exhibit D - letter sent by Fidelity to Plaintiff, #5 Exhibit E - Plaintiffs Notice of Default, #6 Exhibit F - Order entered February 2, 2023, #7 Exhibit G - Order entered February 9, 2023) (Scotch-Marmo, Stephen) |
| Filing 6 MEMORANDUM in Support re #5 MOTION to Dismiss for Failure to State a Claim filed by Fidelity Investments, LLC, FMR, LLC. STRICKEN (Scotch-Marmo, Stephen) |
| Filing 5 MOTION to Dismiss for Failure to State a Claim by Fidelity Investments, LLC, FMR, LLC. STRICKEN (Attachments: #1 Exhibit - Notice to Pro Se Litigant) (Scotch-Marmo, Stephen) |
| Filing 4 Corporate Disclosure Statement by Fidelity Investments, LLC, FMR, LLC identifying Corporate Parent Fidelity Global Brokerage Group, Inc. for Fidelity Investments, LLC, FMR, LLC. (Scotch-Marmo, Stephen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (AF) |
| Case Assigned to Magistrate Judge James R. Cho. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AF) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (AF) |
| Filing 1 NOTICE OF REMOVAL by Fidelity Investments, LLC, FMR, LLC from Kings County Supreme Court, case number 933/2023. ( Filing fee $ 405 receipt number ANYEDC-17465595) (Attachments: #1 Exhibit A - Petition, #2 Exhibit B - RJI, #3 Exhibit C - Notice of Filing of Notice of Removal, #4 Civil Cover Sheet) (Scotch-Marmo, Stephen) |
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