Behrens et al v. JP Morgan Chase Bank N. A. et al
| Bruce Behrens, Kathleen Behrens, Sherry Scheffert, David Scheffert and Richard Wakeford |
| JP Morgan Chase Bank N. A., U.S. Bank, N.A., Chicago Mercantile Exchange, Inc., Millenium Trust Company, Russell Wasendorf, Jr., Russell Wasendorf, Steven Brewer, Garlon Maxwell, Amber Maxwell, Perry Comeau and John Does #1-40 |
| 1:2016cv05508 |
| July 11, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Vernon S. Broderick |
| Racketeer Influenced and Corrupt Organizations |
| 7 U.S.C. ยง 25 |
| Plaintiff |
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Filing
269
OPINION AND ORDER: re: 248 CROSS MOTION for Reconsideration re; 239 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, (CME Defendants' Notice of Cross-Motion for Reconsideration as to the St ate-Law Claims and Motion for Final Ju filed by Chicago Mercantile Exchange, Inc., The CME Group, Inc., 241 MOTION for Reconsideration re; 239 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, CORRECTED. filed by Kathleen Behrens, Sherri Sheffert, Richard Wakeford, Bruce Behrens, David Scheffert, 240 MOTION for Reconsideration re; 239 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, . filed by Kathleen Behrens, Sherri Sheffert, Richard Wakeford, Bruce Behrens, David Scheffert. For the foregoing reasons, the motions for reconsideration are DENIED. The Clerk of Court is respectfully directed to terminate the open motions on the docket and close this action. So Ordered. (Signed by Judge Vernon S. Broderick on 9/9/2021) (js)
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Filing
239
OPINION & ORDER re: 123 MOTION to Dismiss Second Amended Complaint filed by Russell Wasendorf, Jr., 183 MOTION for Sanctions Pursuant to Rule 11 Against Plaintiffs and Plaintiffs' Counsel filed by Russell Wasendorf, Jr., 182 MOTION for Sanctions Pursuant to Rule 11 Against Plaintiffs and Plaintiffs' Counsel filed by Perry Comeau, 87 MOTION to Stay Plaintiffs' Amended Complaint Pending Arbitration filed by Millenium T rust Company, 203 MOTION to Dismiss the Complaint on behalf of Defendant Paul Thomas filed by Paul Thomas, 158 CROSS MOTION Deny Defendants Motion and reserve decision or transfer two defendants to Iowa re: 150 Declaration in Opposition to Motion, 151 Memorandum of Law in Opposition to Motion, 153 Affidavit in Opposition to Motion, 119 filed by Kathleen Behrens, Richard Wakeford, Bruce Behrens, David Scheffert, Sherry Scheffert, 116 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Chicago Mercantile Exchange, Inc., 111 MOTION to Dismiss the Second Amended Complaint filed by U.S. Bank, N.A., 113 MOTION to Dismiss filed by JP Morgan Cha se Bank N.A., 228 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by National Futures Association, 216 CROSS MOTION Costs, Conflict of Interests re: 213 Affidavit in Opposition to Motion, 214 Affidavit in Opposition to Motion,,, 212 Affidavit in Opposition to Motion, 215 Affidavit in Opposition to Motion, 207 Memorandum of Law filed by Kathleen Behrens, Sherri Sheffert, Richard Wakeford, Bruce Behrens, David Scheffert, 157 SECOND MOTION Strike and/or Severe provisions of Arbitration Agreement and Stay Case or Arbitration re: 150 Declaration in Opposition to Motion, 151 Memorandum of Law in Opposition to Motion, 154 Affidavit in Opposition to Motion, [ filed by Kathleen Behrens, Richard Wakeford, Bruce Behrens, David Scheffert, Sherry Scheffert, 133 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by The CME Group, Inc., 118 MOTION to Dismiss for Lack of Jurisdic tion as to Plaintiffs' Second Amended Complaint filed by Perry Comeau, 223 FIRST MOTION Amend Complaint re: 203 MOTION to Dismiss the Complaint on behalf of Defendant Paul Thomas, 204 Declaration in Support of Mo tion, 205 Memorandum of Law in Support of Motion To Dismiss Defendant Paul Thomas, Esq. filed by Kathleen Behrens, Sherri Sheffert, Richard Wakeford, Bruce Behrens, David Scheffert, For the foregoing reasons, the motions to di smiss of the MTD Defendants, (Docs. 111, 113, 116, 118, 123, 133, 203, 228), are GRANTED and Plaintiffs' Second Amended Complaint is dismissed as to the MTD Defendants. To the extent that Plaintiffs' allegations can be construed to give rise to state law claims, I decline to exercise jurisdiction over such claims and they are dismissed without prejudice to filing those claims in state court. Millennium's motion for a stay of proceedings pending arbitration, (Doc. 87), is gr anted and Plaintiffs' claims against Millennium are dismissed. Plaintiffs' cross-motion to strike the Millennium arbitration agreement and/or stay the arbitration pending the outcome of this litigation, (Doc. 157), is DENIED. Because Plaintiffs' proposed amendment to the Second Amended Complaint would be futile, Plaintiffs' motion to amend, (Doc. 223), is DENIED. Defendants Comeau and Wasendorf, Jr.'s motions for sanctions, (Docs. 182, 183), and Plaintiffs' ; cross-motion for sanctions, (Doc. 216), are DENIED. Defendants Comeau and Wasendorf, Jr.'s motions in the alternative to transfer venue and Plaintiffs' cross-motion arguing that venue is appropriate in this district, (Doc. 158), are DEN IED as moot. Finally, Plaintiffs are directed, within twenty-one days of the date of this Opinion & Order, to submit a letter explaining why I should not dismiss this action as to the Non-Appearing Defendants for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). JP Morgan Chase Bank N.A., Millenium Trust Company, National Futures Association, The CME Group, Inc., Paul Thomas, U.S. Bank, N.A., Russell Wasendorf, Chicago Mercantile Exchange, Inc. and Perry Comeau terminated. (Signed by Judge Vernon S. Broderick on 3/31/2019) (mro)
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