Tillman et al v. Morgan Stanley Smith Barney LLC
Plaintiff: Sylvia Tillman, Cheryl Gamen, Amresh Jaijee, Vivian Yates and Richard Gamen
Defendant: Morgan Stanley Smith Barney LLC
Consolidated Plaintiff: MARTIN BEHAR, Mark Blythe, Timothy M. Smith, Desiree Shapouri, Richard Grossman, Howard Katz, John C. Nelson, Midori T. Nelson, Amy Dalton, Lori Mausner and Richard Mausner
Case Number: 1:2020cv05914
Filed: July 29, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Personal Property: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2020 Opinion or Order Filing 26 ORDER CONSOLIDATING ALL RELATED CASES AND APPOINTING INTERIM CO-LEAD CLASS COUNSEL AND EXECUTIVE COMMITTEE granting (24) Motion to Appoint Counsel in case 1:20-cv-05914-AT; granting (14) Motion to Appoint Counsel in case 1:20-cv-06012-AT; granting (11) Motion to Appoint Counsel in case 1:20-cv-06300-AT; granting (12) Motion to Appoint Counsel in case 1:20-cv-06468-AT; granting (10) Motion to Appoint Counsel in case 1:20-cv-06538-AT; granting (17) Motion to Appoint Counsel in case 1:20-cv-06610-AT; granting (10) Motion to Appoint Counsel in case 1:20-cv-06640-AT; granting (9) Motion to Appoint Counsel in case 1:20-cv-06984-AT. Having reviewed the parties' submissions, the Court hereby ORDERS that all of the above-referenced actions are consolidated, and that Plaintiffs' Joint Motion for Appointment of Jean Martin and Linda Nussbaum As Interim Co-Lead Counsel and the Appointment of An Executive Committee is GRANTED. Interim Co-Lead Counsel Jean Martin and Linda Nussbaum shall be responsible for the overall conduct of the litigation on behalf of the proposed class, including providing supervision of all Plaintiffs' counsel in this litigation. As Interim Co-Lead Counsel for the class, Ms. Martin and Ms. Nussbaum have the authority to: as further set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 9/17/2020) Filed In Associated Cases: 1:20-cv-05914-AT et al. (kv)
September 11, 2020 Opinion or Order Filing 25 ORDER granting #23 Motion for Jean Sutton Martin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ap)
September 9, 2020 Filing 24 JOINT MOTION to Appoint Counsel for Class Plaintiffs and Executive Committee. Document filed by Richard Grossman, Howard Katz, Midori T. Nelson, John C. Nelson. (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Bart D. Cohen, #3 Text of Proposed Order).(Nussbaum, Linda)
September 8, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Jean Sutton Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21544982. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Attorney states in affidavit that due to COVID they will be delayed in supplying their certificate of good standing from North Carolina. (vba)
September 8, 2020 Filing 23 MOTION for Jean Sutton Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21544982. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cheryl Gamen, Richard Gamen, Amresh Jaijee, Sylvia Tillman, Vivian Yates. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Martin, Jean)
September 2, 2020 Opinion or Order Filing 22 ORDER: The Court intends to consolidate the following actions: 20 Civ. 5914; 20 Civ. 6012; 20 Civ. 6300; 20 Civ. 6468; 20 Civ. 6538; 20 Civ. 6610; 20 Civ. 6640; 20 Civ. 6984. By September 9, 2020, any interested attorneys shall file requests to be appointed Lead Counsel. Opposition to any such application shall be filed by September 14, 2020. SO ORDERED., ( Motions due by 9/9/2020., Responses due by 9/14/2020) (Signed by Judge Analisa Torres on 9/02/2020) (ama)
September 2, 2020 Opinion or Order Filing 21 ORDER granting #17 Motion for Heather Helaine Jones to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ap)
September 2, 2020 Opinion or Order Filing 20 ORDER granting #15 Motion for Leslie Sindelar Guillon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ap)
September 2, 2020 Opinion or Order Filing 19 ORDER granting #14 Motion for Michael Anderson Berry to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ap)
September 1, 2020 Filing 18 AMENDED COMPLAINT amending #1 Complaint, against Morgan Stanley Smith Barney LLC with JURY DEMAND.Document filed by Sylvia Tillman, Richard Gamen, Vivian Yates, Amresh Jaijee, Cheryl Gamen. Related document: #1 Complaint,. (Attachments: #1 Exhibit Consumer Notice, #2 Exhibit Letter to Iowa AG).(Yanchunis, John)
August 31, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Heather Helaine Jones to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
August 31, 2020 Pro Hac Vice Fee Payment: for #17 MOTION for Heather Helaine Jones to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-21413258..(Jones, Heather)
August 31, 2020 Pro Hac Vice Fee Due: for #17 MOTION for Heather Helaine Jones to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (aea)
August 31, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #17 MOTION for Heather Helaine Jones to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): the filing fee was not paid. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (aea)
August 31, 2020 Filing 17 MOTION for Heather Helaine Jones to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cheryl Gamen, Richard Gamen, Amresh Jaijee, Sylvia Tillman, Vivian Yates. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit Certificate of Good Standing).(Jones, Heather)
August 25, 2020 Opinion or Order Filing 16 ORDER: It is ORDERED that by September 1, 2020, Plaintiffs shall amend their pleading to allege the citizenship of each constituent person or entity. See Handelsman v. Bedford Vill. Assocs. Ltd. Pship, 213 F.3d 48, 5152 (2d Cir. 2000) (citing Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)); Strother v. Harte, 171 F. Supp. 2d 203, 205 (S.D.N.Y. 2001) ("For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members."). If Plaintiffs fail to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the complaint will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Amended Pleadings due by 9/1/2020. (Signed by Judge Analisa Torres on 8/25/2020) (kv)
August 21, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Michael Anderson Berry to Appear Pro Hac Vice (CORRECTED MOTION TO APPEAR PRO HAC VICE). Motion and supporting papers to be reviewed by Clerk's Office staff., #15 MOTION for Leslie Sindelar Guillon to Appear Pro Hac Vice (CORRECTED MOTION TO APPEAR PRO HAC VICE). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 21, 2020 Filing 15 MOTION for Leslie Sindelar Guillon to Appear Pro Hac Vice (CORRECTED MOTION TO APPEAR PRO HAC VICE). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cheryl Gamen, Richard Gamen, Amresh Jaijee, Sylvia Tillman, Vivian Yates. (Attachments: #1 Affidavit of Leslie S. Guillon, #2 Exhibit Certificate of Good Standing_1, #3 Exhibit Certificate of Good Standing_2, #4 Text of Proposed Order).(Guillon, Leslie)
August 21, 2020 Filing 14 MOTION for Michael Anderson Berry to Appear Pro Hac Vice (CORRECTED MOTION TO APPEAR PRO HAC VICE). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cheryl Gamen, Richard Gamen, Amresh Jaijee, Sylvia Tillman, Vivian Yates. (Attachments: #1 Affidavit of M. Anderson Berry, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Berry, Michael)
August 21, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Michael Anderson Berry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21254073. Motion and supporting papers to be reviewed by Clerk's Office staff., #13 MOTION for Leslie Sindelar Guillon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21254303. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit not notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
August 20, 2020 Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leslie Sindelar Guillon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21254303. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cheryl Gamen, Richard Gamen, Amresh Jaijee, Sylvia Tillman, Vivian Yates. (Attachments: #1 Affidavit of Leslie S. Guillon, #2 Exhibit Certificate of Good Standing_1, #3 Exhibit Certificate of Good Standing_2, #4 Text of Proposed Order).(Guillon, Leslie) Modified on 8/21/2020 (bcu).
August 20, 2020 Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael Anderson Berry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21254073. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cheryl Gamen, Richard Gamen, Amresh Jaijee, Sylvia Tillman, Vivian Yates. (Attachments: #1 Affidavit of M. Anderson Berry, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Berry, Michael) Modified on 8/21/2020 (bcu).
August 20, 2020 Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Morgan Stanley Smith Barney LLC served on 8/13/2020, answer due 9/3/2020. Service was accepted by Alexander Privat, Registered Agent. Document filed by Sylvia Tillman; Richard Gamen; Vivian Yates; Amresh Jaijee; Cheryl Gamen..(Yanchunis, John)
August 18, 2020 Opinion or Order Filing 10 ORDER granting #9 Motion for John A. Yanchunis to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (AP)
August 18, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for John A. Yanchunis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21203258. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 18, 2020 Filing 9 MOTION for John A. Yanchunis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21203258. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cheryl Gamen, Richard Gamen, Amresh Jaijee, Sylvia Tillman, Vivian Yates. (Attachments: #1 Affidavit Affidavit of J. Yanchunis, #2 Text of Proposed Order Proposed Order, #3 Exhibit COGS).(Yanchunis, John)
August 5, 2020 Opinion or Order Filing 8 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are strongly encouraged to engage in discovery through remote means at every available opportunity. (Signed by Judge Analisa Torres on 8/5/2020) (mro)
August 5, 2020 Opinion or Order Filing 7 INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 10/8/2020 at 10:20 AM before Judge Analisa Torres to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. (Signed by Judge Analisa Torres on 8/5/2020) (mro)
August 5, 2020 Opinion or Order Filing 6 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Analisa Torres on 8/5/2020) (mro)
July 30, 2020 Filing 5 CIVIL COVER SHEET filed..(Peterson, Amanda)
July 30, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Amanda Peterson to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the signed PDF. (pne)
July 30, 2020 Filing 4 ELECTRONIC SUMMONS ISSUED as to Morgan Stanley Smith Barney LLC..(pne)
July 30, 2020 Case Designated ECF. (pne)
July 30, 2020 Magistrate Judge Ona T. Wang 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. (pne)
July 30, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(pne)
July 29, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Morgan Stanley Smith Barney LLC, re: #1 Complaint,. Document filed by Cheryl Gamen, Richard Gamen, Amresh Jaijee, Sylvia Tillman, Vivian Yates..(Peterson, Amanda)
July 29, 2020 Filing 2 FILING ERROR - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Peterson, Amanda) Modified on 7/30/2020 (pne).
July 29, 2020 Filing 1 COMPLAINT against Morgan Stanley Smith Barney LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-20912525)Document filed by Sylvia Tillman, Richard Gamen, Vivian Yates, Amresh Jaijee, Cheryl Gamen. (Attachments: #1 Exhibit Exhibit 1 - MS Template CA Consumer Notice, #2 Exhibit Exhibit 2 - MS Letter to Iowa AG).(Peterson, Amanda)

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Search for this case: Tillman et al v. Morgan Stanley Smith Barney LLC
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Plaintiff: Sylvia Tillman
Represented By: Amanda Peterson
Represented By: Jean Sutton Martin
Represented By: Heather H Jones
Represented By: Michael Anderson Berry
Represented By: John A. Yanchunis
Represented By: Leslie Guillon
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Plaintiff: Cheryl Gamen
Represented By: Amanda Peterson
Represented By: Jean Sutton Martin
Represented By: Heather H Jones
Represented By: John A. Yanchunis
Represented By: Michael Anderson Berry
Represented By: Leslie Guillon
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Plaintiff: Amresh Jaijee
Represented By: Amanda Peterson
Represented By: Jean Sutton Martin
Represented By: Heather H Jones
Represented By: John A. Yanchunis
Represented By: Michael Anderson Berry
Represented By: Leslie Guillon
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Plaintiff: Vivian Yates
Represented By: Amanda Peterson
Represented By: Jean Sutton Martin
Represented By: Heather H Jones
Represented By: Michael Anderson Berry
Represented By: John A. Yanchunis
Represented By: Leslie Guillon
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Plaintiff: Richard Gamen
Represented By: Amanda Peterson
Represented By: Jean Sutton Martin
Represented By: Heather H Jones
Represented By: John A. Yanchunis
Represented By: Michael Anderson Berry
Represented By: Leslie Guillon
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Defendant: Morgan Stanley Smith Barney LLC
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Consolidated plaintiff: MARTIN BEHAR
Represented By: Melissa Robin Emert
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Consolidated plaintiff: Mark Blythe
Represented By: Janine Lee Pollack
Represented By: Erich Schork
Represented By: Michael Milton Liskow
Represented By: William Rolf Olson
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Consolidated plaintiff: Timothy M. Smith
Represented By: James E. Cecchi
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Consolidated plaintiff: Desiree Shapouri
Represented By: Lori Gwen Feldman
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Consolidated plaintiff: Richard Grossman
Represented By: Linda P. Nussbaum
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Consolidated plaintiff: Howard Katz
Represented By: Linda P. Nussbaum
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Consolidated plaintiff: John C. Nelson
Represented By: Linda P. Nussbaum
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Consolidated plaintiff: Midori T. Nelson
Represented By: Linda P. Nussbaum
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Consolidated plaintiff: Amy Dalton
Represented By: Jonathan M. Jagher
Represented By: Kyle Alan Shamberg
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Consolidated plaintiff: Lori Mausner
Represented By: Lori Gwen Feldman
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Consolidated plaintiff: Richard Mausner
Represented By: Lori Gwen Feldman
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