Morris & Judith Family Partnership, LLC v. Fidelity Brokerage Services LLC
| Richard Lowinger and Morris & Judith Family Partnership, LLC |
| Fidelity Brokerage Services LLC |
| 1:2018cv08851 |
| September 27, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jed S Rakoff |
| Contract: Other |
| 28 U.S.C. § 1332 nr |
| None |
Docket Report
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Filing 22
MEMORANDUM ORDER denying #11 Motion to Dismiss: For the foregoing reasons, plaintiffs have plausibly alleged that Fidelity breached the Account Agreement, and Fidelity's motion to dismiss is hereby denied. However, the Estate has failed to demonstrate that it is a proper plaintiff to bring this action. Accordingly, the Estate is hereby dismissed as a party to this action. (Signed by Judge Jed S. Rakoff on 11/16/2018) (jwh)
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| Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/19/18 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 20 TRANSCRIPT of Proceedings re: conference held on 10/18/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Anita Trombetta, (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 12/6/2018. Redacted Transcript Deadline set for 12/17/2018. Release of Transcript Restriction set for 2/13/2019.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 11/14/2018 re: #11 MOTION to Dismiss the Complaint. filed by Fidelity Brokerage Services LLC. (Kotowski, Linda) |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss the Complaint. . Document filed by Fidelity Brokerage Services LLC. (Tabak, Daniel) |
| Filing 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/18/18 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 17 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/18/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Anita Trombetta, (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 11/29/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/6/2019.(McGuirk, Kelly) |
| Filing 16 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Dismiss the Complaint. . Document filed by Richard Lowinger, Morris & Judith Family Partnership, LLC. (Fritz, Kevin) |
| Filing 15 DECLARATION of Richard Lowinger in Opposition re: #11 MOTION to Dismiss the Complaint.. Document filed by Richard Lowinger, Morris & Judith Family Partnership, LLC. (Attachments: #1 Exhibit A - Last Will and Testament of Morris M. Lowinger date, #2 Exhibit B - Investment Accounts_ Transfer Of Death - Fidelity, #3 Exhibit C - REDACTED Petition of Richard Lowinger dtd 12-29-15, #4 Exhibit D - Fidelity MOL in Surrogate's Court, #5 Exhibit E - Decision and Order dtd 3-20-17, #6 Exhibit F - MORRIS JUDITH FAMILY PARTNERSHIP LLC - DE - Certi)(Fritz, Kevin) |
| Filing 14 CIVIL CASE MANAGEMENT PLAN: This case is not to be tried to a jury. Motion To Dismiss: Moving Papers - 10/19; Answering Papers - 11/3; Reply Papers - 11/9. Oral Arg. - 11/14 at 2pm. Amended Pleadings due by 11/2/2018. Joinder of Parties due by 12/3/2018. First request for production of documents due by 11/1/2018. Interrogatories due by 10/26/2018. Motions due by 1/25/2019. Responses due by 2/15/2019. Replies due by 3/1/2019. Deposition due by 1/18/2019. Discovery due by 1/18/2019. Final Pretrial Conference set for 3/15/2019 at 04:00 PM before Judge Jed S. Rakoff. Oral Argument set for 11/14/2018 at 02:00 PM before Judge Jed S. Rakoff. Ready for Trial by 3/18/2019. (Signed by Judge Jed S. Rakoff on 10/19/2018) (jwh) |
| Filing 13 DECLARATION of Sharon L. Barbour in Support re: #11 MOTION to Dismiss the Complaint.. Document filed by Fidelity Brokerage Services LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Tabak, Daniel) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss the Complaint. . Document filed by Fidelity Brokerage Services LLC. (Tabak, Daniel) |
| Filing 11 MOTION to Dismiss the Complaint. Document filed by Fidelity Brokerage Services LLC. Responses due by 11/2/2018(Tabak, Daniel) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 10/18/2018. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/2/2018. (Kotowski, Linda) |
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Filing 10
NOTICE OF COURT CONFERENCE: Initial Conference set for 10/18/2018 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 10/2/2018) (jwh)
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| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Richard Lowinger, Morris & Judith Family Partnership, LLC.(Fritz, Kevin) |
| Filing 8 NOTICE OF APPEARANCE by Jeffrey Schreiber on behalf of Richard Lowinger, Morris & Judith Family Partnership, LLC. (Schreiber, Jeffrey) |
| Filing 7 NOTICE OF APPEARANCE by Kevin A. Fritz on behalf of Richard Lowinger, Morris & Judith Family Partnership, LLC. (Fritz, Kevin) |
| Filing 6 NOTICE OF APPEARANCE by Sharon L Barbour on behalf of Fidelity Brokerage Services LLC. (Barbour, Sharon) |
| Filing 5 AFFIDAVIT OF SERVICE of Notice of Removal with Exhibit A, Civil Cover Sheet, Corporate Disclosure Rule 7.1 Statement, ECF Rules and Instructions, Individual Rules of Practice of Judge Jed S. Rakoff and the individual Rules of Practice of Magistrate Judge Debra C. Freeman served on Meister, Seelig & Fein, LLP on September 28, 2018. Service was accepted by Aminat Kuku, Receptionist. Document filed by Fidelity Brokerage Services LLC. (Tabak, Daniel) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fidelity Global Brokerage Group, Inc. for Fidelity Brokerage Services LLC. Document filed by Fidelity Brokerage Services LLC.(Tabak, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Hershel Tabak. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1332; Dollar Demand 12000000; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332nr; the Dollar Demand has been modified to 9999; the County code has been modified to Kings; the Fee Status code has been modified to pd (paid). (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dnh) |
| Magistrate Judge Debra C. Freeman 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. (dnh) |
| Case Designated ECF. (dnh) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel Hershel Tabak to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fidelity Brokerage Services LLC.(Tabak, Daniel) Modified on 9/28/2018 (lb). |
| Filing 2 CIVIL COVER SHEET filed. (Tabak, Daniel) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654450/2018. (Filing Fee $ 400.00, Receipt Number 0208-15626354).Document filed by Fidelity Brokerage Services LLC. (Attachments: #1 Exhibit A)(Tabak, Daniel) |
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