Haggerty v. Boylan et al
| David T. Haggerty |
| Michael J. Boylan |
| 1:2013cv00362 |
| April 1, 2013 |
| US District Court for the Northern District of New York |
| Albany Office |
| Rensselaer |
| Lawrence E. Kahn |
| Randolph F. Treece |
| Arbitration |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| None |
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Filing
43
DECISION and ORDERED, that Plaintiffs Motion (Dkt. No. 39) for summary judgment is GRANTED; and it is further ORDERED, that Plaintiffs request for declaratory judgment is GRANTED. The Court hereby declares that the causes of action set forth in the Third-Party Claim filed by Michael J. Boylan in the FINRA arbitration (FINRA Dispute Resolution Number 09-5163) are not subject to arbitration before FINRA; and it is further ORDERED, that Defendant is ENJOINED from prosecuting the causes of action set forth in his Third-Party Claim against David T. Haggerty in arbitration before FINRA; and it is further ORDERED, that the Clerk of the Court enter judgment for Plaintiff and close this case. Signed by Senior Judge Lawrence E. Kahn on January 13, 2014. (sas)
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Filing
23
DECISION AND ORDERED, that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED as against Defendants Mary T. McDowell and Catherine Brannon; and it is further ORDERED, that Defendants Mary T. McDowell and Catherine Brannon are DISMISSED from this action. Because Defendants McDowell and Brannon are dismissed from this action, the Court disregards in their entirety the filings made by their counsel at Dkt. No. 21 and 22; and it is further ORDERED, that the temporary restraining order granted in the Co urts April 5 Order (Dkt. No. 11) is EXTENDED for an additional fourteen (14) days; and it is further ORDERED, that the evidentiary hearing currently scheduled for April 19, 2013, at 10:00 A.M. is adjourned until May 2, 2013, at 10:00 A.M. in Courtroo m #1, James T. Foley United States Courthouse, Albany, New York. Defendant Boylan may participate in the hearing pro se or represented by counsel of his choosing; and it is further ORDERED, that any supplemental briefing must be filed with the Clerk of the Court and served upon the opposing party on or before April 24, 2013. Signed by Senior Judge Lawrence E. Kahn on April 17, 2013. (sas)
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Filing
11
DECISION and ORDERED, that Plaintiffs Motion (Dkt. No. 6) for a temporary restraining order is GRANTED consistent with this Decision and Order; and it is further ORDERED, that Defendant Boylan is ENJOINED from arbitrating his third-party claim agains t Plaintiff, and any arbitration of this claim is STAYED. In so ordering, the Court in no way rules on the arbitrability of any other claims currently pending in the underlying FINRA action and stays no claims other than Defendant Boylans third-part y claim against Plaintiff; and it is further ORDERED, that an evidentiary hearing will be held before the Court on Friday, April 19, 2013, at the James T. Foley U.S. Courthouse, 445 Broadway, Albany, NY 12207-2924, to clarify Plaintiffs business deal ings with Defendants and determine if further injunctive relief should issue; and it is further ORDERED, that the parties briefings on this issue, if any, must be filed with the Clerk of the Court and served upon the other parties on or before April 12, 2013. Signed by Senior Judge Lawrence E. Kahn on April 5, 2013. (sas)
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| Plaintiff: David T. Haggerty | |
| Represented By: | Benjamin F. Neidl |
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| Defendant: Michael J. Boylan | |
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