Alpari (US), LLC v. BNP Paribas, S.A.
ALPARI (US), LLC |
BNP Paribas, S.A. |
1:2017cv05278 |
July 12, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Lorna G Schofield |
Contract: Other |
28 U.S.C. § 1332 bc |
Plaintiff |
Docket Report
This docket was last retrieved on July 23, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 54 ORDER: Defendants' motion to compel arbitration is GRANTED. The Clerk of Court is respectfully directed to close the motions at Case No. 17 Civ. 5278, Docket No. 40; Case No. 17 Civ. 5282, Docket No. 48; and Case No. 17 Civ. 5284, Docket No. 41; and to stay these three cases. Motions terminated: (48 in 1:17-cv-05282-LGS) MOTION to Compel Arbitration or in the alternative, to dismiss the amended complaints on grounds of forum non conveniens. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, (41 in 1:17-cv-05284-LGS) MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens filed by Royal Bank of Scotland Group PLC, RBS Securities, Inc., (40 in 1:17-cv-05278-LGS) MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens filed by BNP Paribas, S.A. (Signed by Judge Lorna G. Schofield on 6/12/2018) (tro) |
Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/12/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
Filing 52 TRANSCRIPT of Proceedings re: conference held on 4/12/2018 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/10/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/18/2018.(McGuirk, Kelly) |
Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 4/12/2018. (Court Reporter Kelly Surina) (Lewis, Barton) |
Filing 51 ORDER: It is hereby ORDERED that the conference in this matter previously scheduled for April 12, 2018 at 11:20 a.m., is rescheduled for April 12, 2018 at 11:00 a.m., due to a scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling chambers at (212) 805-0288. (Telephone Conference set for 4/12/2018 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/11/2018) (ras) |
Filing 50 ORDER: It is hereby ORDERED that a telephone conference will be held on April 12, 2018, at 11:20 a.m. for an oral ruling on Defendants' motion to compel arbitration. Oral argument will not be heard at the conference. The parties shall call Chambers jointly at (212) 805-0288 at the appointed date and time. (Telephone Conference set for 4/12/2018 at 11:20 AM before Judge Lorna G. Schofield.) (Docketed in 17cv5278, 17cv5282, 17cv5284) (Signed by Judge Lorna G. Schofield on 4/4/2018) (ap) |
Filing 49 REPLY AFFIRMATION of William Gougherty in Support re: #40 MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens.. Document filed by BNP Paribas, S.A.. (Hall, Laura) |
Filing 48 REPLY AFFIRMATION of Daniel Klay in Support re: #40 MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens.. Document filed by BNP Paribas, S.A.. (Hall, Laura) |
Filing 47 REPLY MEMORANDUM OF LAW in Support re: #40 MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens. . Document filed by BNP Paribas, S.A.. (Hall, Laura) |
Filing 46 MEMORANDUM OF LAW in Opposition re: #40 MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens. . Document filed by Alpari (US), LLC. (Attachments: #1 Exhibit 1)(Burke, Christopher) |
Filing 45 ORDER granting #38 Motion for Garrett R. Broshuis to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) |
Filing 44 MEMORANDUM OF LAW in Support re: #40 MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens. . Document filed by BNP Paribas, S.A.. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C)(Hall, Laura) |
Filing 43 DECLARATION of Joel M. Cohen in Support re: #40 MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens.. Document filed by BNP Paribas, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Hall, Laura) |
Filing 42 DECLARATION of David G. Januszewski in Support re: #40 MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens.. Document filed by BNP Paribas, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Hall, Laura) |
Filing 41 DECLARATION of Laura R. Hall in Support re: #40 MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens.. Document filed by BNP Paribas, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hall, Laura) |
Filing 40 MOTION to Compel Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens. Document filed by BNP Paribas, S.A..(Hall, Laura) |
Filing 39 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #39 Motion) - MOTION to Confirm Arbitration or, in the Alternative, to Dismiss the Amended Complaints on Grounds of Forum Non Conveniens. Document filed by BNP Paribas, S.A..(Hall, Laura) Modified on 12/8/2017 (db). |
Filing 38 MOTION for Garrett R. Broshuis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14450061. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpari (US), LLC. (Attachments: #1 Affidavit of Garrett R. Broshuis, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - Proposed Order)(Broshuis, Garrett) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Garrett R. Broshuis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14450061. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
Filing 37 STIPULATION AND ORDER OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lorna G. Schofield on 12/5/2017) (kgo) |
Filing 36 STIPULATION AND ORDER ESTABLISHING THE PROTOCOL FOR THE PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION ("ESI"): Pursuant to the agreement reached between Plaintiff and Defendants herein, this Court adopts and orders the following Protocol relating to the Production of Documents and Electronically Stored Information in these Proceedings, which binds all parties and their counsel of record in this Action, whether they currently are involved or become so in the future (collectively, the "Parties"). The failure of this Protocol to address any particular issue is without prejudice to any position that a Party may take on that issue. (Signed by Judge Lorna G. Schofield on 12/5/2017) (kgo) |
Filing 35 NOTICE OF APPEARANCE by Michael E. Klenov on behalf of Alpari (US), LLC. (Klenov, Michael) |
Filing 34 MEMO ENDORSEMENT on re: (42 in 1:17-cv-05282-LGS) Letter filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, (35 in 1:17-cv-05284-LGS) Letter, filed by Royal Bank of Scotland Group PLC, RBS Securities, Inc., (33 in 1:17-cv-05278-LGS) Letter, filed by BNP Paribas, S.A. ENDORSEMENT: Application GRANTED. The briefing schedule and page limits for Defendants' anticipated Rule 12(b)(3) motion shall be as outlined above. ( Motions due by 12/7/2017., Responses due by 1/11/2018, Replies due by 1/26/2018.) (Signed by Judge Lorna G. Schofield on 11/3/2017) (mro) |
Filing 33 JOINT LETTER addressed to Judge Lorna G. Schofield from George Zelcs and David C. Esseks dated November 2, 2017 re: Proposed Schedule on Motion to Compel Arbitration and/or to Dismiss on the Basis of Forum non Conveniens. Document filed by BNP Paribas, S.A..(Esseks, David) |
Filing 32 FIRST AMENDED COMPLAINT amending #1 Complaint against BNP Paribas, S.A. with JURY DEMAND.Document filed by Alpari (US), LLC. Related document: #1 Complaint.(Zelcs, George) |
Filing 31 MEMO ENDORSEMENT on re: (39 in 1:17-cv-05282-LGS) Letter filed by Alpari (US), LLC, (30 in 1:17-cv-05278-LGS) Letter filed by Alpari (US), LLC, (32 in 1:17-cv-05284-LGS) Letter filed by Alpari (US), LLC, (39 in 1:17-cv-05275-LGS) Letter filed by Alpari (US), LLC. ENDORSEMENT: Application GRANTED. The parties' proposed schedule is accepted. ( Amended Pleadings due by 10/19/2017.) (Signed by Judge Lorna G. Schofield on 9/22/2017) (kgo) |
Filing 30 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 9/21/2017 re: Joint Proposed Schedule. Document filed by Alpari (US), LLC.(Burke, Christopher) |
Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 9/12/2017. (Court Reporter Kelly Surina) (Lewis, Barton) |
Filing 29 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. By September 22, 2017, the parties shall file a joint letter with an update on the arbitration issue. On the same day, the parties shall file a joint letter with a proposed schedule for Defendant BNP's motions to dismiss and Plaintiff's amendment to the Complaint. If the parties cannot file a joint letter, then the parties shall file a separate letter. If the parties do not agree to arbitrate, then by October 13, 2017, Defendant BNP shall file any motion to compel arbitration, not to exceed 15 pages. By November 3, 2017, Plaintiff shall file a single opposition, responding to all motions to compel arbitration in this and the similar cases heard at the September 12, 2017, conference. The opposition shall be no longer that the total number of pages combined in moving briefs. By November 15, 2017, Defendant BNP shall file a reply, not to exceed 8 pages. The parties shall refer to and comply with the Court's Individuals Rules regarding the filing of motions. By November 15, 2017, the parties shall file joint ESI protocols and a stipulated confidentiality order. (As further set forth herein.) Motions due by 10/13/2017. Responses due by 11/3/2017 Replies due by 11/15/2017. (Signed by Judge Lorna G. Schofield on 9/12/2017) (kgo) |
Filing 28 ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for September 12, 2017, shall be rescheduled for September 12, 2017 at 10:40 a.m., due to a scheduling conflict. Initial Conference set for 9/12/2017 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/11/2017) (kgo) |
Filing 27 NOTICE OF APPEARANCE by Amanda F. Lawrence on behalf of Alpari (US), LLC. (Lawrence, Amanda) |
Filing 26 NOTICE OF APPEARANCE by Rebecca Rose Delfiner on behalf of BNP Paribas, S.A.. (Delfiner, Rebecca) |
Filing 25 JOINT LETTER addressed to Judge Lorna G. Schofield from George A. Zelcs and David C. Esseks dated 09/05/2017 re: Joint Letter Pursuant to Court's 07/24/2017 Order. Document filed by Alpari (US), LLC. (Attachments: #1 Exhibit Proposed Civil Case Management Plan and Scheduling Order)(Zelcs, George) |
Filing 24 NOTICE OF APPEARANCE by Laura Rose Hall on behalf of BNP Paribas, S.A.. (Hall, Laura) |
Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BNP Paribas, S.A..(Esseks, David) |
Filing 22 NOTICE OF APPEARANCE by David C. Esseks on behalf of BNP Paribas, S.A.. (Esseks, David) |
Filing 21 ORDER granting #17 Motion for Reena A. Gambhir to Appear Pro Hac Vice; granting #18 Motion for Bonny E. Sweeney to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) |
Filing 20 NOTICE OF APPEARANCE by Walter W. Noss on behalf of Alpari (US), LLC. (Noss, Walter) |
Filing 19 NOTICE OF APPEARANCE by Christopher M. Burke on behalf of Alpari (US), LLC. (Burke, Christopher) |
Filing 18 MOTION for Bonny E. Sweeney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14050901. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpari (US), LLC. (Attachments: #1 Affidavit, #2 Certificates of Good Standing - CA & MA, #3 Text of Proposed Order)(Sweeney, Bonny) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Bonny E. Sweeney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14050901. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
Filing 17 MOTION for Reena A. Gambhir to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14010023. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpari (US), LLC. (Attachments: #1 Affidavit, #2 Certificates of Good Standing - DC & MA, #3 Text of Proposed Order)(Gambhir, Reena) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Reena A. Gambhir to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14010023. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
Filing 16 NOTICE OF APPEARANCE by Hugh Daniel Sandler on behalf of Alpari (US), LLC. (Sandler, Hugh) |
Filing 15 NOTICE OF APPEARANCE by Linda P. Nussbaum on behalf of Alpari (US), LLC. (Nussbaum, Linda) |
Filing 14 ORDER granting #12 Motion for Randall Paul Ewing, Jr. to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) |
Filing 13 ORDER granting #11 Motion for Stephen M. Tillery to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) |
Filing 12 MOTION for Randall Paul Ewing, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13966233. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpari (US), LLC. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - IL and FL Certificates of Good Standing, #3 Exhibit C - [Proposed] Order)(Ewing, Randall) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Randall Paul Ewing, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13966233. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Stephen M. Tillery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13955887. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
Filing 11 MOTION for Stephen M. Tillery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13955887. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpari (US), LLC. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - IL and MO Certificates of Good Standing, #3 Exhibit C - [Proposed] Order)(Tillery, Stephen) |
Filing 10 ORDER granting #9 Motion for George A. Zelcs to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for George A. Zelcs to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
Filing 9 MOTION for George A. Zelcs to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpari (US), LLC. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - IL Certificate of Good Standing, #3 Exhibit C - [Proposed] Order)(Zelcs, George) |
Filing 8 ORDER: Initial Conference set for 9/12/2017 at 10:50 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/24/2017) (kgo) |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 MOTION for George A. Zelcs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13910519. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT OR DECLARATION PURSUANT TO LOCAL RULE 1.3;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) |
Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for George A. Zelcs to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13910519. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpari (US), LLC. (Attachments: #1 Exhibit A - IL Certificate of Good Standing, #2 Exhibit B - Text of [Proposed] Order)(Zelcs, George) Modified on 7/19/2017 (ma). |
NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (jc) |
CASE ACCEPTED AS RELATED. Create association to 1:13-cv-07789-LGS. Notice of Assignment to follow. (jc) |
Magistrate Judge Ronald L. Ellis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jc) |
Filing 6 NOTICE OF APPEARANCE by Steven Michael Berezney on behalf of Alpari (US), LLC. (Berezney, Steven) |
Filing 5 ELECTRONIC SUMMONS ISSUED as to BNP Paribas, S.A.. (rch) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney George A. Zelcs. The party information for the following party/parties has been modified: Alpari (US), LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (rch) |
CASE REFERRED TO Judge Lorna G. Schofield as possibly related to 13-cv-7789. (rch) |
Case Designated ECF. (rch) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (rch) |
Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 13-cv-7789 (LGS). Document filed by ALPARI (US), LLC.(Zelcs, George) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to BNP Paribas, S.A., re: #1 Complaint. Document filed by ALPARI (US), LLC. (Zelcs, George) |
Filing 2 CIVIL COVER SHEET filed. (Zelcs, George) |
Filing 1 COMPLAINT against BNP Paribas, S.A.. (Filing Fee $ 400.00, Receipt Number 0208-13890553)Document filed by ALPARI (US), LLC.(Zelcs, George) |
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