Shapouri et al v. Morgan Stanley Smith Barney, LLC
Plaintiff: Desiree Shapouri, Richard Mausner and Lori Mausner
Defendant: Morgan Stanley Smith Barney, LLC
Petitioner: John C. Nelson, Midori T. Nelson, Howard Katz and Richard Grossman
Case Number: 1:2020cv06640
Filed: August 19, 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: Both
Docket Report

This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2020 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)
October 5, 2020 Filing 21 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)
October 1, 2020 Filing 20 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)
September 29, 2020 Filing 19 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)
September 29, 2020 Filing 18 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)
September 29, 2020 Filing 17 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)
September 29, 2020 Filing 16 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)
September 29, 2020 Filing 15 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)
September 29, 2020 Filing 14 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)
September 17, 2020 Opinion or Order Filing 13 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 11, 2020 Opinion or Order Filing 12 ORDER granting #11 Motion for David Jude George to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ap)
September 10, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for David Jude George 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. (vba)
September 10, 2020 Filing 11 MOTION for David Jude George to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lori Mausner, Richard Mausner, Desiree Shapouri. (Attachments: #1 Affidavit Affidavit of David J. George in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice, #3 Exhibit Certificates of Good Standing).(Feldman, Lori)
September 9, 2020 Filing 10 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 4, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #9 MOTION for David Jude George to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21499750. 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 Florida - 850-488-0125. Re-file the motion as a 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. (aea)
September 4, 2020 Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David Jude George to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21499750. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lori Mausner, Richard Mausner, Desiree Shapouri. (Attachments: #1 Exhibit Affidavit of David J. George in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Order for Admission of David J. George to Practice Pro Hac Vice, #3 Supplement Certificates of Good Standing).(Feldman, Lori) Modified on 9/4/2020 (aea).
September 2, 2020 Opinion or Order Filing 8 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 7 AMENDED COMPLAINT amending #1 Complaint, against Morgan Stanley Smith Barney, LLC with JURY DEMAND.Document filed by Desiree Shapouri, Lori Mausner, Richard Mausner. Related document: #1 Complaint,. (Attachments: #1 Exhibit Exhibit 1 Consumer Notice, #2 Exhibit Exhibit 2 Letter to Atty General Tom Miller).(Feldman, Lori)
August 25, 2020 Opinion or Order 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)
August 25, 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 25, 2020 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case..(wb)
August 25, 2020 CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05914-AT. Notice of Assignment to follow. (wb)
August 20, 2020 Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-05914-at. Document filed by Lori Mausner, Richard Mausner, Desiree Shapouri..(Feldman, Lori)
August 20, 2020 Filing 4 ELECTRONIC SUMMONS ISSUED as to Morgan Stanley Smith Barney, LLC. (sj)
August 20, 2020 CASE REFERRED TO Judge Analisa Torres as possibly related to 1:20cv5914. (sj)
August 20, 2020 Case Designated ECF. (sj)
August 20, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
August 20, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lori Gwen Feldman. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Citizenship Plaintiff (none); Citizenship Defendant (none); County code Albany. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 4 (Diversity); the Citizenship Plaintiff code has been modified to 2 (Citizen of Another State); the Citizenship Defendant code has been modified to 1 (Citizen of This State); the County code has been modified to Nassau. (sj)
August 20, 2020 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Lori Gwen Feldman, 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. (sj)
August 20, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lori Gwen Feldman. The party information for the following party/parties has been modified: All Plaintiffs. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)
August 19, 2020 Filing 3 CIVIL COVER SHEET filed..(Feldman, Lori)
August 19, 2020 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Morgan Stanley Smith Barney, LLC, re: #1 Complaint,. Document filed by Lori Mausner, Richard Mausner, Desiree Shapouri..(Feldman, Lori)
August 19, 2020 Filing 1 COMPLAINT against Desiree Shapouri, Lori Mausner, Richard Mausner. (Filing Fee $ 400.00, Receipt Number ANYSDC-21234049)Document filed by Desiree Shapouri, Lori Mausner, Richard Mausner. (Attachments: #1 Exhibit Consumer Notice, #2 Exhibit Letter to Atty General Tom Miller).(Feldman, Lori)

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Defendant: Morgan Stanley Smith Barney, LLC
Represented By: Jane Baek O'Brien
Represented By: Susanna Michele Buergel
Represented By: Crystal Johnson Geise
Represented By: Anika Rappleye
Represented By: Brad Scott Karp
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Plaintiff: Desiree Shapouri
Represented By: Lori Gwen Feldman
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Plaintiff: Richard Mausner
Represented By: Lori Gwen Feldman
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Plaintiff: Lori Mausner
Represented By: Lori Gwen Feldman
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Petitioner: John C. Nelson
Represented By: Linda P. Nussbaum
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Petitioner: Midori T. Nelson
Represented By: Linda P. Nussbaum
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Petitioner: Howard Katz
Represented By: Linda P. Nussbaum
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Petitioner: Richard Grossman
Represented By: Linda P. Nussbaum
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