Starostenko et al v. UBS AG (A Swiss Bank)
| Yuri Starostenko and Irina Tsareva |
| UBS AG (A Swiss Bank) |
| 1:2019cv09993 |
| October 28, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Securities/Commodities |
| None |
Docket Report
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Filing 14
ORDER denying #4 MOTION for Permission for Yuri Starostenko to participate in electronic case filing in this case. Application DENIED. Plaintiffs' submission is incomplete. See Dkt. #4 at 2. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/10/2019) Copies Mailed By Chambers. (jca)
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Mailed a copy of #14 Order on Motion for Permission for Electronic Case Filing, to Yuri Starostenko & Irina Tsareva, 11 East Street & Bay Street, P.O. Box SS-5800, Nassau, Bahamas. (tn)
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Filing 13
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Irina Tsareva, pro se dated 11/15/2019 re: We respectfully notify the Court that we experienced difficulties in the publishing of the early notice to class members in a widely circulated national business-oriented publication or wire service under Subsection 21D(a)(3)(A)(i) of the Securities Exchange Act of 1934 [15 U.S. Code 78u-4(a)(3)(A)(i)] due to the lack of funds, and as further set for in this letter. ENDORSEMENT: The Court is in receipt of the above letter from Plaintiffs indicating their difficulty in the publishing of a class notice of their lawsuit. The Court recognizes that Plaintiffs' Complaint states that Plaintiffs are seeking to litigate this as a class action. However, Plaintiffs, who are pro se, may not represent the interests of absent class members. "Although plaintiffs have a right to proceed pro se in civil actions pursuant to 28 U.S.C. 1654, a pro se plaintiff may not seek to represent the interests of third-parties." Rodriguez v. Eastman Kodak Co., 88 F. App'x 470, 471 (2d Cir. 2004) (summary order) (citing Iannaccone v. Law, 142 F.3d 553, 558 (2d Cir. 1998)); see Mayfield v. British Bankers' Association, No. 14 Civ. 4673 (LAP), 2014 WL 12774869, at *2 (S.D.N.Y. Nov. 5, 2014). Accordingly, the Court will construe Plaintiffs' Complaint as raising individual claims. Plaintiffs will not need to file a class notice in this case. So ordered. (Signed by Judge Katherine Polk Failla on 12/4/2019) Copies Mailed By Chambers. (rjm)
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Mailed a copy of #13 Endorsed Letter, to Yuri Starostenko & Irina Tsareva, 11 East Street & Bay Street, P.O. Box SS-5800, Nassau, Bahamas. (tn)
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Filing 11
INFORMATION PACKAGE MAILED to Yuri Starostenko, Irina Tsareva, at 11 East Street & Bay Street, P.O. Box SS-5800, Nassau, Bahamas, on 11/26/2019 Re: #10 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), 1 copies of USM-285 forms for you to complete so that the Marshals Service can serve certain defendants, and instructions on how to complete the forms (only for use if the judge has ordered you to submit 285 forms; follow the instructions in the order of service). (bwa)
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Filing 12
LETTER addressed to Judge Katherine Polk Failla from I. Tsareva, dated 11/15/19 re: Irina Tsareva notifies the Court that she has experienced difficulties in the publishing of the early notice to class members in a widely circulated national business-oriented publication or wire service under Subsection 21D(a)(3)(A)(i) of the Securities Exchange Act of 1934 etc.; and they consequently request an extension of time from the Court. Document filed by Irina Tsareva.(sc)
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Filing 10
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this Order to Plaintiffs, together with an information package. The motion for counsel is denied without prejudice, and the Clerk of Court is directed to terminate it. (Dkt. #7). The Clerk of Court is further instructed to send a USM-285 form to Plaintiffs to be filled out and returned to the Court. Alternatively, Plaintiffs are directed to request that a summons be issued and mailed to them. SO ORDERED. (USM-285 Form due by 12/26/2019., Request for Issuance of Summons due by 12/26/2019.), Motions terminated: #7 APPLICATION for the Court to Request Counsel filed by Yuri Starostenko. (Signed by Judge Katherine Polk Failla on 11/25/2019) (rro) Transmission to Pro Se Assistants for processing.
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Mailed a copy of #8 Order Granting IFP Application to Irina Tsareva 11 East Street & Bay Street P.O. Box SS-5800 Nassau Bahamas; Yuri Starostenko11 East Street & Bay Street P.O. Box SS-5800 Nassau Bahamas. (vba)
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Filing 8
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 11/22/2019) (va) Transmission to Docket Assistant Clerk for processing.
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Magistrate Judge James L. Cott 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb)
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NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (wb)
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Filing 7
APPLICATION for the Court to Request Counsel. Document filed by Yuri Starostenko.(rdz)
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Filing 6
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Yuri Starostenko consents to receive electronic service via the ECF system. Document filed by Yuri Starostenko.(rdz)
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Filing 5
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Irina Tsareva consents to receive electronic service via the ECF system. Document filed by Irina Tsareva.(rdz)
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Filing 4
MOTION for Permission for Yuri Starostenko to participate in electronic case filing in this case. Document filed by Yuri Starostenko.(rdz) Modified on 10/30/2019 (rdz).
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Filing 3
COMPLAINT against UBS AG (A Swiss Bank). Document filed by Yuri Starostenko, Irina Tsareva. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(rdz)
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Case Designated ECF. (rdz)
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Filing 2
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Yuri Starostenko.(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Irina Tsareva.(rdz)
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