Grossman et al v. Morgan Stanley Smith Barney, LLC
Plaintiff: Howard Katz and Richard Grossman
Defendant: Morgan Stanley Smith Barney, LLC
Case Number: 1:2020cv06012
Filed: July 31, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Analisa Torres
Nature of Suit: Personal Property: Other
Cause of Action: 28:1332t
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2020 Opinion or Order Filing 15 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 17, 2020 CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-05914-AT.. (kv)
September 9, 2020 Filing 14 JOINT MOTION to Appoint Counsel for Class Plaintiffs and Executive Committee. Document filed by Richard Grossman, Howard Katz. (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Bart D. Cohen, #3 Text of Proposed Order).(Nussbaum, Linda)
September 2, 2020 Opinion or Order Filing 13 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 1, 2020 Filing 12 AMENDED COMPLAINT amending #1 Complaint against Morgan Stanley Smith Barney, LLC with JURY DEMAND.Document filed by Richard Grossman, Howard Katz. Related document: #1 Complaint..(Nussbaum, Linda)
August 25, 2020 Opinion or Order Filing 11 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. P'ship, 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) (rjm)
August 19, 2020 Filing 10 FIRST LETTER addressed to Judge Analisa Torres from LINDA P. NUSSBAUM dated AUGUST 18, 2020 re: Tillman v. Morgan Stanley Smith Barney, LLC, No. 1:20-cv-05914-AT, Grossman v. Morgan Stanley Smith Barney, LLC, No. 1:20-cv-06012-AT, Behar v. Morgan Stanley Smith Barney LLC, No. 1:20-cv-06300-AT, Dalton v. Morgan Stanley Smith Barney, LLC, No. 1:20-cv-06468-AT, Nelson v. Morgan Stanley Smith Barney, LLC, No. 1:20-cv-06538-UA. Document filed by Richard Grossman, Howard Katz..(Nussbaum, Linda)
August 11, 2020 Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Morgan Stanley Smith Barney, LLC served on 8/6/2020, answer due 8/27/2020. Service was accepted by Gina Martinez - Security Department, C.T. Corp. Sys., 28 Liberty Street. Document filed by Richard Grossman; Howard Katz..(Nussbaum, Linda)
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: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:40 a.m., October 8, 2020, 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. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. And as set forth herein. SO ORDERED., ( Telephone Conference set for 10/8/2020 at 10:40 AM before Judge Analisa Torres.) Initial Conference set for 10/8/2020 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 8/05/2020) (ama)
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)
August 4, 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. (wb)
August 4, 2020 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case..(wb)
August 4, 2020 CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05914-AT. Notice of Assignment to follow. (wb)
August 3, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp)
August 3, 2020 Filing 5 ELECTRONIC SUMMONS ISSUED as to Morgan Stanley Smith Barney, LLC. (sj)
August 3, 2020 CASE REFERRED TO Judge Analisa Torres as possibly related to 1:20cv5914. (sj)
August 3, 2020 Case Designated ECF. (sj)
July 31, 2020 Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-05914. Document filed by Richard Grossman, Howard Katz..(Nussbaum, Linda)
July 31, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Morgan Stanley Smith Barney, LLC, re: #1 Complaint. Document filed by Richard Grossman, Howard Katz..(Nussbaum, Linda)
July 31, 2020 Filing 2 CIVIL COVER SHEET filed..(Nussbaum, Linda)
July 31, 2020 Filing 1 COMPLAINT against Morgan Stanley Smith Barney, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-20952876)Document filed by Richard Grossman, Howard Katz. (Attachments: #1 Exhibit, #2 Exhibit).(Nussbaum, Linda)

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Plaintiff: Howard Katz
Represented By: Linda P. Nussbaum
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Plaintiff: Richard Grossman
Represented By: Linda P. Nussbaum
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Defendant: Morgan Stanley Smith Barney, LLC
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