Tillman et al v. Morgan Stanley Smith Barney LLC
| Sylvia Tillman, Cheryl Gamen, Amresh Jaijee, Vivian Yates and Richard Gamen |
| Morgan Stanley Smith Barney LLC |
| 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 |
| 1:2020cv05914 |
| July 29, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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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)
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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)
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| 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) |
| 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) |
| >>>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) |
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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)
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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)
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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)
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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)
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| 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) |
| 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) |
| >>>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) |
| 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) |
| 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) |
| >>>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) |
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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)
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| 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) |
| 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) |
| >>>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) |
| >>>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) |
| 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). |
| 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). |
| 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) |
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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)
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| 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) |
| >>>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) |
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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)
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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)
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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)
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| Filing 5 CIVIL COVER SHEET filed..(Peterson, Amanda) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Morgan Stanley Smith Barney LLC..(pne) |
| 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) |
| ***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) |
| 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) |
| Case Designated ECF. (pne) |
| 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) |
| Filing 2 FILING ERROR - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Peterson, Amanda) Modified on 7/30/2020 (pne). |
| 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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