Grossman et al v. Morgan Stanley Smith Barney, LLC
| Howard Katz and Richard Grossman |
| Morgan Stanley Smith Barney, LLC |
| 1:2020cv06012 |
| July 31, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Analisa Torres |
| Personal Property: Other |
| 28 U.S.C. § 1332 t |
| Plaintiff |
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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)
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| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-05914-AT.. (kv) |
| 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) |
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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)
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| 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) |
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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)
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| 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) |
| 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) |
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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: 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)
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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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| 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case..(wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05914-AT. Notice of Assignment to follow. (wb) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Morgan Stanley Smith Barney, LLC. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 1:20cv5914. (sj) |
| Case Designated ECF. (sj) |
| 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) |
| 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) |
| Filing 2 CIVIL COVER SHEET filed..(Nussbaum, Linda) |
| 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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