Mitchell v. Frattini et al
| Francis G. Mitchell |
| Christopher Frattini, Gregorios Hatzimichael and Mozart Prudent |
| 1:2022cv02352 |
| March 22, 2022 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0011 Motion to modify or correct arbitration award |
| None |
Docket Report
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This docket was last retrieved on November 23, 2022. A more recent docket listing may be available from PACER.
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Filing 18
MEMORANDUM OF LAW in Support re: #16 FIRST MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Christopher Frattini, Gregorios Hatzimichael, Mozart Prudent..(Casagrande, David)
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Filing 17
DECLARATION of David Casagrande in Support re: #16 FIRST MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Christopher Frattini, Gregorios Hatzimichael, Mozart Prudent. (Attachments: #1 Exhibit A- Petitioner's Second Amended Motion, #2 Exhibit B- FINRA Award, #3 Exhibit C- Respondents' Order to Show Cause).(Casagrande, David)
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Filing 16
FIRST MOTION to Dismiss for Lack of Jurisdiction . Document filed by Christopher Frattini, Gregorios Hatzimichael, Mozart Prudent..(Casagrande, David)
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Filing 15
REPLY MEMORANDUM OF LAW in Support re: #11 FIRST MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Christopher Frattini, Francis G. Mitchell, Mozart Prudent..(Casagrande, David) Modified on 5/18/2022 (kj). Modified on 5/18/2022 (kj).
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Filing 13
AMENDED MEMORANDUM OF LAW IN SUPPORT OF MOTION TO VACATE, MODIFY OR CORRECT ARBITRATION AWARD(Memorandum of Law in Opposition to Motion , re: #11 FIRST MOTION to Dismiss for Lack of Jurisdiction ). Document filed by Francis G. Mitchell. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(sc) Modified on 5/16/2022 (sc). Modified on 5/16/2022 (sc). Modified on 5/18/2022 (kj). Modified on 5/18/2022 (kj).
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NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Laura Taylor Swain is no longer assigned to the case. (vba)
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Magistrate Judge Barbara C. Moses 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. (vba)
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Filing 12
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO VACATE, MODIFY OR CORRECT ARBITRATION AWARD(Memorandum of Law in Oppositon to re: #11 FIRST MOTION to Dismiss for Lack of Jurisdiction ). Document filed by Francis G. Mitchell. (sc) Modified on 5/18/2022 (kj). Modified on 5/18/2022 (kj).
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Filing 11
FIRST MOTION to Dismiss for Lack of Jurisdiction . Document filed by Christopher Frattini, Gregorios Hatzimichael, Mozart Prudent. (Attachments: #1 Affidavit Declaration of David Casagrande, #2 Exhibit A: Petitioner's Second Amended Motion, #3 Exhibit B: FINRA Arbitration Award, #4 Exhibit C: Respondents' Order to Show Cause in State Court, #5 Supplement Memorandum of Law in Support).(Casagrande, David) Modified on 5/18/2022 (kj). Modified on 5/18/2022 (kj).
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Filing 10
SECOND AMENDED MOTION TO VACATE OR MODIFY ARBITRATION AWARD against Christopher Frattini, Gregorios Hatzimichael, Mozart Prudent amending #5 Amended Petition,.Document filed by Francis G. Mitchell. Related document: #5 Amended Petition,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(sc)
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Filing 9
ORDER TO AMEND: The Court grants Mitchell leave to file a second amended motion to vacate or modify an arbitration award that complies with the standards set forth above. The Court denies Mitchell's application for the Court to request pro bono counsel (ECF 6) without prejudice to Mitchell's filing another such application in this matter at a later date. Mitchell must submit the second amended motion to vacate or modify an arbitration award to this Court's Pro Se Intake Unit within 30 days of the date of this order, caption the document as a "Second Amended Motion to Vacate or Modify an Arbitration Award," and label the document with docket number 1:22-CV-2352 (LTS). If Mitchell fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the Court will dismiss this matter for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). The Court will not consider any of Respondents' requests for relief unless and until Mitchell has filed a second amended motion in compliance with this order. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). Mitchell has consented to electronic service of court documents. (ECF 7.) SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/7/22) (rdz)
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Filing 8
CROSS MOTION to Confirm Arbitration AWARD AND IN OPPOSITION TO PETITIONERS MOTION TO VACATE ARBITRATION AWARD. Document filed by Christopher Frattini, Gregorios Hatzimichael, Mozart Prudent. (Attachments: #1 MEMORANDUM OF LAW IN OPPOSITION TO PETITIONERS MOTION TO VACATE ARBITRATION AWARD AND IN SUPPORT OF RESPONDENTS CROSS-MOTION TO CONFIRM, #2 ATTORNEY DECLARATION IN OPPOSITION TO PETITIONERS MOTION TO VACATE ARBITRATION AWARD AND IN SUPPORT OF RESPONDENTS CROSS MOTION TO CONFIRM ARBITRATION AWARD, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M).(Casagrande, David)
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Filing 7
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Francis Mitchell consents to receive electronic service via the ECF system. Document filed by Francis G. Mitchell.(sc)
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Filing 6
APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL. Document filed by Francis G. Mitchell.(sc)
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Filing 5
PETITIONER'S AMENDED MOTION(Petition)TO VACATE OR MODIFY ARBITRATION AWARD,re: amending #2 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration against Christopher Frattini, Gregorios Hatzimichael, Mozart Prudent.Document filed by Francis G. Mitchell. Related document: #2 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(sc)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba)
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 3/30/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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Filing 3
MOTION re: issue an order to vacate, modify or correct arbitration award and order rehearing by a new panel under statute code 896 - action involving actions to vacate, modify or correct arbitration awards filed under vacate arbitration award and order a rehearing by a new panel under 9 U.S.C. subsections 10 and 11. Document filed by Francis G. Mitchell. (sac)
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Filing 2
PETITION/MOTION TO VACATE, MODIFY OR CORRECT ARBITRATION AWARD. Document filed by Francis G. Mitchell. (Attachments: #1 Civil Cover Sheet) (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Francis G. Mitchell. (sac)
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Case Designated ECF. (sac)
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