Dalton v. Morgan Stanley Smith Barney, LLC
| Amy Dalton |
| MORGAN STANLEY SMITH BARNEY LLC, and Morgan Stanley Smith Barney, LLC |
| John C. Nelson, Midori T. Nelson, Howard Katz and Richard Grossman |
| 1:2020cv06468 |
| August 14, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 10/8/2020. Associated Cases: 1:20-cv-05914-AT et al.(ap) |
| Filing 24 LETTER addressed to Judge Analisa Torres from Interim Co-Lead Counsel for Class Plaintiffs dated October 5, 2020 re: Subject Matter Jurisdiction Pursuant to 28 U.S.C. 1332. Document filed by Richard Grossman, Howard Katz, John C. Nelson, Midori T. Nelson.Filed In Associated Cases: 1:20-cv-05914-AT et al..(Nussbaum, Linda) |
| Filing 23 JOINT LETTER addressed to Judge Analisa Torres from Counsel for All Parties dated October 1, 2020 re: Initial Pretrial Conference. Document filed by Richard Grossman, Howard Katz, John C. Nelson, Midori T. Nelson. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-05914-AT et al..(Nussbaum, Linda) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Morgan Stanley Capital Management, LLC, Corporate Parent Morgan Stanley,, Corporate Parent Morgan Stanley Domestic Holdings, Inc.,, Other Affiliate Mitsubishi UFJ Financial Group, Inc., 7-1 Marunouchi 2-chome, Chiyoda-ku, Tokyo 100-8330 for Morgan Stanley Smith Barney LLC, Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney, LLC. Document filed by Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney LLC.Filed In Associated Cases: 1:20-cv-05914-AT et al..(O'Brien, Jane) |
| Filing 21 NOTICE OF APPEARANCE by Anika Rappleye on behalf of Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney LLC. Filed In Associated Cases: 1:20-cv-05914-AT et al..(Rappleye, Anika) |
| Filing 20 NOTICE OF APPEARANCE by Crystal Johnson Geise on behalf of Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney LLC. Filed In Associated Cases: 1:20-cv-05914-AT et al..(Geise, Crystal) |
| Filing 19 NOTICE OF APPEARANCE by Jane Baek O'Brien on behalf of Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney LLC. Filed In Associated Cases: 1:20-cv-05914-AT et al..(O'Brien, Jane) |
| Filing 18 NOTICE OF APPEARANCE by Susanna Michele Buergel on behalf of Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney LLC. Filed In Associated Cases: 1:20-cv-05914-AT et al..(Buergel, Susanna) |
| Filing 17 NOTICE OF APPEARANCE by Brad Scott Karp on behalf of Morgan Stanley Smith Barney, LLC, Morgan Stanley Smith Barney LLC. Filed In Associated Cases: 1:20-cv-05914-AT et al..(Karp, Brad) |
Filing 16
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) |
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Filing 15
ORDER granting #14 Motion for Jonathan Marc Jagher to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ap)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Jonathan Marc Jagher to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
| Filing 14 MOTION for Jonathan Marc Jagher to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amy Dalton. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing - Pennsylvania, #3 Certificate of Good Standing - Massachusetts, #4 Text of Proposed Order).(Jagher, Jonathan) |
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Filing 13
ORDER terminating #11 Motion to Amend/Correct. The Clerk of Court is directed to terminate the motion at ECF No. 11. Counsel is directed to file a pro hac vice application in accordance with Section 20.4 of the Southern District of New York Electronic Case Filing Rules and Instructions. SO ORDERED. (Signed by Judge Analisa Torres on 9/10/2020) (kv)
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| Filing 12 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 11 MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,, . Document filed by Amy Dalton. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing - Pennsylvania, #3 Certificate of Good Standing - Massachusetts, #4 Text of Proposed Order).(Jagher, Jonathan) |
| Filing 10 AFFIDAVIT OF SERVICE. Morgan Stanley Smith Barney, LLC served on 8/19/2020, answer due 9/9/2020. Service was accepted by Alexander Private. Document filed by Amy Dalton..(Shamberg, Kyle) |
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Filing 9
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 8 AMENDED COMPLAINT amending #1 Complaint against Morgan Stanley Smith Barney, LLC with JURY DEMAND.Document filed by Amy Dalton. Related document: #1 Complaint..(Shamberg, Kyle) |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jonathan Marc Jagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21340226. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amy Dalton. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing - Pennsylvania, #3 Certificate of Good Standing - Massachusetts, #4 Text of Proposed Order).(Jagher, Jonathan) Modified on 8/26/2020 (vba). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 MOTION for Jonathan Marc Jagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21340226. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF MA;. 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.. (vba) |
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Filing 6
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 5 ELECTRONIC SUMMONS ISSUED as to Morgan Stanley Smith Barney, LLC..(dnh) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case..(wb) |
| 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) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05914-AT. Notice of Assignment to follow. (wb) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to MORGAN STANLEY SMITH BARNEY LLC, re: #1 Complaint. Document filed by Amy Dalton..(Shamberg, Kyle) |
| Filing 3 CIVIL COVER SHEET filed..(Shamberg, Kyle) |
| Filing 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-05914. Document filed by Amy Dalton..(Shamberg, Kyle) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kyle Alan Shamberg. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); Class Action code n (No Class Action Alleged); County code New York;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the Class Action code has been modified to y (Class Action Alleged); the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Kyle Alan Shamberg, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Kyle Alan Shamberg. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kyle Alan Shamberg. The party information for the following party/parties has been modified: Amy Dalton;MORGAN STANLEY SMITH BARNEY LLC,. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 20-cv-5914. (jgo) |
| Filing 1 COMPLAINT against MORGAN STANLEY SMITH BARNEY LLC,. (Filing Fee $ 400.00, Receipt Number ANYSDC-21160326)Document filed by Amy Dalton. (Attachments: #1 Civil Cover Sheet).(Shamberg, Kyle) |
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