Harris v. TD Ameritrade Inc. et al
| Jan Harris |
| TD Ameritrade Inc., TD Ameritrade Clearing Inc., Scottrade Inc., Depository Trust and Clearing Corporation, Depository Trust Company and Cede & Co. |
| 1:2017cv06033 |
| August 9, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Unassigned |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| None |
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Filing
66
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION for 23 Motion to Dismiss filed by TD Ameritrade Inc., TD Ameritrade Clearing Inc., 31 Motion to Dismiss, Motion to Compel Arbitration filed by Scottrade Inc., 59 Report and Recommenda tions, 27 Motion to Dismiss filed by Cede & Co., Depository Trust and Clearing Corporation, Depository Trust Company. The Court has considered Harris remaining objections and finds them to be without merit. Accordingly, and for substantiall y the reasons set forth in Judge Moses thorough and well-reasoned Report, the Court overrules Harris Objection in its entirety and adopts Judge Moses' Report and its recommended conclusions. Accordingly, the Brokerage Defendants' motions to compel arbitration and the DTC Defendants motion to dismiss the Complaint are granted, and the case is hereby stayed and placed on the suspense calendar as to the BrokerageDefendants (TD Ameritrade Inc., TD Ameritrade Clearing, Inc., and Scottrade I nc.) and dismissed with prejudice as to the DTC Defendants (Depository Trust and Clearing Corporation, Depository Trust Company, and Cede & Co.). This case is hereby stayed pending the arbitration of Harris' claims against the Brokerage Defendan ts. The parties are directed to file a joint status report by April 5, 2019 and each January 5 and April 5 thereafter, stating whether this case should remain stayed, be restated to the active calendar, or be dismissed. This Memorandum Order resolves docket entry nos. 23, 27, 31 and 61. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/24/2018) Copies Mailed By Chambers. (ama)
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