Silverthorne v. Morgan Stanley
| Stephen Silverthorne and Stephen M. Silverthorne |
| Morgan Stanley Smith Barney LLC and Morgan Stanley |
| 1:2019cv11514 |
| December 16, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0010 |
| None |
Docket Report
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This docket was last retrieved on May 4, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 LETTER addressed to Judge Valerie E. Caproni from Ira N. Glauber, Esquire dated February 5, 2020 re: Opposition to Request for Extension. Document filed by Morgan Stanley..(Glauber, Ira) |
Filing 25
ORDER granting in part #24 Letter Motion for Extension of Time to File Response/Reply re #24 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #19 Memorandum of Law in Opposition, #20 MOTION to Confirm Arbitration., #23 Memo Endorsement, addressed to Judge Valerie E. Caproni. Application GRANTED in part. Petitioner's reply to Respondent's opposition/cross-motion to confirm is due no later than February 20, 2020. Petitioner's reply must be submitted as a single brief in accordance with the undersigned's Individual Rules, including delivery to chambers by Petitioner of a courtesy copy of all motion papers. In its January 30, 2020, order, see Dkt. 23, the Court did not set a schedule for additional briefing. The petition to vacate/cross-motion to confirm the arbitration will be considered fully briefed and ready for disposition on February 20, 2020. SO ORDERED. Replies due by 2/20/2020. (Signed by Judge Valerie E. Caproni on 2/05/2020) (ama)
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| Filing 24 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #19 Memorandum of Law in Opposition, #20 MOTION to Confirm Arbitration ., #23 Memo Endorsement,, Set Deadlines, addressed to Judge Valerie E. Caproni from Petitioner dated 02/05/2020. Document filed by Stephen M. Silverthorne. Return Date set for 2/6/2020 at 10:00 AM..(Alicandro, A.) |
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Filing 23
MEMO ENDORSEMENT on re: #20 MOTION to Confirm Arbitration . filed by Morgan Stanley. ENDORSEMENT: IT IS HEREBY ORDERED that Petitioner's reply, if any, is due no later than February 6, 2020. The Petition to Vacate Arbitration (Dkt. 1) and Motion to Confirm Arbitration (Dkt. 20) will be considered fully briefed and ready for disposition as of that date. (Responses due by 2/6/2020) (Signed by Judge Valerie E. Caproni on 1/30/2020) (cf)
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| Filing 22 FILING ERROR - DUPLICATE DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Morgan Stanley Smith Barney LLC for Morgan Stanley. Document filed by Morgan Stanley.(Glauber, Ira) Modified on 1/30/2020 (lb). |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Morgan Stanley Smith Barney LLC for Morgan Stanley. Document filed by Morgan Stanley.(Glauber, Ira) |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #22 HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney Ira N. Glauber : This is a Duplicate Document. Do Not Re-File. (lb) |
| Filing 20 MOTION to Confirm Arbitration . Document filed by Morgan Stanley. Return Date set for 3/3/2020 at 10:00 AM. (Attachments: #1 Affidavit In Support of Motion to Confirm Award)(Glauber, Ira) |
| Filing 19 FIRST MEMORANDUM OF LAW in Opposition re: #18 Affidavit in Opposition, . Document filed by Morgan Stanley. (Glauber, Ira) |
| Filing 18 AFFIDAVIT of Ira N. Glauber in Opposition re: #8 Notice (Other). Document filed by Morgan Stanley. (Attachments: #1 Exhibit A. Award, #2 Exhibit B. Statement of Claim, #3 Exhibit C. June 23, 2019 FINRA Letter, #4 Exhibit D. July 24, 2019 FINRA Memorandum, #5 Exhibit E. July 24, 2019 FINRA Memorandum, #6 Exhibit F. Arbitrator List, Ranking Form, and Arbitrator Disclosure Form for Arbitrator Morris, #7 Exhibit G. August 20, 2019 FINRA Memorandum)(Glauber, Ira) |
| Filing 17 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE ENTERED INCORRECTLY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MORGAN STANLEY SMITH BARNEY LLC, for Morgan Stanley. Document filed by Morgan Stanley.(Glauber, Ira) Modified on 1/29/2020 (lb). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ira N. Glauber to RE-FILE Document #17 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): The Corporate Parent was added ALL IN CAPS. (lb) |
| Filing 16 REQUEST FOR WAIVER OF SERVICE sent to Silverthorne. Document filed by Morgan Stanley. Request for Waiver Mailed on 1/3/2020. Waiver of Service due by 2/3/2020. (Glauber, Ira) |
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Filing 15
STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned as follows: 1. The Respondent Morgan Stanley has waived formal service of the summons in this case. 2. The time for Respondent Morgan Stanley to file papers in opposition to the Petition to Vacate is extended until January 31, 2020. So ordered. Morgan Stanley answer due 1/31/2020. (Signed by Judge Valerie E. Caproni on 1/2/2020) (rjm)
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Morgan Stanley. (Glauber, Ira) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Morgan Stanley. (pne) |
| Filing 12 CIVIL COVER SHEET filed. (Alicandro, A.) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Morgan Stanley, re: #5 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Stephen M. Silverthorne. (Alicandro, A.) |
| Filing 10 NOTICE OF APPEARANCE by Ira N. Glauber on behalf of Morgan Stanley. (Glauber, Ira) |
| Filing 9 DECLARATION of Alicandro in Support re: #5 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Stephen Silverthorne. (Attachments: #1 Exhibit Notes, #2 Exhibit FINRA Rules, #3 Exhibit Morris, #4 Exhibit Award)(Alicandro, A.) |
| Filing 8 NOTICE of Petition to Vacate re: #5 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Stephen Silverthorne. (Alicandro, A.) |
| Filing 7 FILING ERROR - DEFICIENT CIVIL COVER SHEET - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Alicandro, A.) Modified on 12/17/2019 (sj). |
| Filing 6 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to MORGAN STANLEY SMITH BARNEY LLC, re: #5 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Stephen Silverthorne. (Alicandro, A.) Modified on 12/17/2019 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney A. Manny Alicandro to RE-FILE Document No. #7 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil Cover Sheet not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney A. Manny Alicandro. The party information for the following party/parties has been modified: Steven M. Silverthorne; Morgan Stanley. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) |
| Magistrate Judge Stewart D. Aaron 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney A. Manny Alicandro to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name must match exactly on PDF and docket entry as pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 5 PETITION TO VACATE ARBITRATION. Document filed by Stephen Silverthorne.(Alicandro, A.) |
| Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU PETITION TO VACATE ARBITRATION. Document filed by Stephen Silverthorne.(Alicandro, A.) Modified on 12/17/2019 (sj). |
| Filing 3 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU PETITION TO VACATE ARBITRATION. Document filed by Stephen Silverthorne.(Alicandro, A.) Modified on 12/17/2019 (sj). |
| Filing 2 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU PETITION TO VACATE ARBITRATION..Document filed by Stephen Silverthorne. (Attachments: #1 Exhibit notes, #2 Exhibit rules, #3 Exhibit Morris, #4 Exhibit award)(Alicandro, A.) Modified on 12/17/2019 (sj). |
| Filing 1 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU PETITION TO VACATE ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-18291303).Document filed by Stephen Silverthorne.(Alicandro, A.) Modified on 12/17/2019 (sj). |
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