Pierno v. Fidelity Brokerage Services, LLC
| Rinaldo Pierno |
| Fidelity Brokerage Services, LLC |
| 1:2018cv03384 |
| April 18, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Stewart D. Aaron |
| Alison J. Nathan |
| Securities/Commodities/Exchanges |
| 28 U.S.C. ยง 1391 |
| Plaintiff |
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Filing
44
ORDER. Well over a year has passed since the Court ordered arbitration, and, in the face of an order warning that the action may be dismissed for failure to prosecute, the Plaintiff continues to maintain that he has no intention of ever arbitrating h is claims. The Court therefore dismisses the action. See, e.g., Dhaliwal v. Mallinckrodt PLC, No. 18-cv-3146 (VSB), 2020 WL 5236942, at *2 (S.D.N.Y. Sept. 2, 2020) (dismissing for failure to prosecute where plaintiff did not initiate arbitration foll owing order compelling arbitration); Shetiwy v. Midland Credit Mgmt., No. 12-cv-7068 (RJS), 2016 WL 4030488, at *2 (S.D.N.Y. July 25, 2016) (same), aff'd, 706 F. App'x 30 (2d Cir. 2017). The Clerk of Court is respectfully directed to close the case. The Clerk of Court is respectfully directed to mail a copy of this Order to the Plaintiff and note the mailing on the public docket. SO ORDERED. Fidelity Brokerage Services, LLC terminated., Case Stay Lifted. (Signed by Judge Alison J. Nathan on 10/22/2020) (rjm). Transmission to Docket Assistant Clerk for processing.
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Filing
41
ORDER denying as moot 36 Motion ; denying as moot 38 Motion to Set Aside. For the reasons stated in the Report and Recommendation and the Court's order adopting it in full, Pierno's motion is DENIED. Pierno may not avoid this Court's ruling that his claims may proceed only in arbitration by refusing to participate in arbitration proceedings. Pierno's motion for oral argument (Dkt. No. 38) is DENIED as moot. Pierno shall file a letter by October 31, 2020, st ating whether he intends to proceed with his claims in arbitration and, if not, whether this case should be dismissed for failure to prosecute. Fidelity Brokerage Services may file a response by November 14, 2020. The Clerk of Court is respectfully directed to mail a copy of this order to Pierno and to note the mailing on the public docket. This resolves Docket Numbers 36 and 38. SO ORDERED.. (Signed by Judge Alison J. Nathan on 10/5/2020) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
35
ORDER: The parties are directed to file a joint status report regarding the status of arbitration proceedings in this case no later than October 15, 2020. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se plaintiff Rinaldo Pierno and note the mailing on the public docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/17/2020) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
34
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 29 Report and Recommendations. Accordingly, Plaintiff's motion for partial summary judgement is DENIED, Defendant's cross-motion to compel arbitration is GRANTED, and the Court stays this ca se pending the outcome of the arbitration. This resolves Docket Numbers 13, 14, 24, and 30. Chambers will mail a copy of this order to the pro se litigant and note its mailing on the public docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/15/2019) Copies Mailed By Chambers. (kv)
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| Plaintiff: Rinaldo Pierno | |
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| Defendant: Fidelity Brokerage Services, LLC | |
| Represented By: | Jacqueline Rose Meyers |
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