Garrity v. Credit Suisse Securities (USA) LLC
| James D. Garrity |
| Credit Suisse Securities (USA) LLC |
| 1:2023cv01457 |
| February 22, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Other Statutes: Arbitration |
| 9 U.S.C. § 9 Motion to Confirm Arbitration Award |
| None |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 16
RULE 56.1 STATEMENT. Document filed by James D. Garrity..(Lax, Barry)
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Filing 15
MEMORANDUM OF LAW in Support re: #13 MOTION for Summary Judgment to Confirm Arbitration Award. . Document filed by James D. Garrity..(Lax, Barry)
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Filing 14
AFFIRMATION of Barry R. Lax in Support re: #13 MOTION for Summary Judgment to Confirm Arbitration Award.. Document filed by James D. Garrity. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Exhibit Ex. I, #10 Exhibit Ex. J, #11 Exhibit Ex. K, #12 Exhibit Ex. L, #13 Exhibit Ex. M, #14 Exhibit Ex. N, #15 Exhibit Ex. O, #16 Exhibit Ex. P).(Lax, Barry)
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Filing 13
MOTION for Summary Judgment to Confirm Arbitration Award. Document filed by James D. Garrity..(Lax, Barry)
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Filing 12
RESPONSE to #1 Petition (Other),. Document filed by Credit Suisse Securities (USA) LLC..(Kelly, Kenneth)
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Filing 11
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Credit Suisse AG, Corporate Parent Credit Suisse Group AG, Corporate Parent Credit Suisse (USA), Inc., Corporate Parent Credit Suisse Holdings (USA), Inc. for Credit Suisse Securities (USA) LLC. Document filed by Credit Suisse Securities (USA) LLC..(Kelly, Kenneth)
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter filed by Credit Suisse Securities (USA) LLC. ENDORSEMENT: Application GRANTED. In light of Respondent's above letter, the Court amends its February 23, 2023 Scheduling Order (Dkt. #4) as follows: Petitioner's opening brief is due by March 24, 2023, and shall not exceed 25 pages; Respondent's joint opposition and cross-motion brief is due by April 24, 2023, and shall not exceed 35 pages; Petitioner's reply and opposition brief is due by May 11, 2023, and shall not exceed 35 pages; and Respondent's reply brief is due by May 25, 2023, and shall not exceed 25 pages. SO ORDERED. ( Cross Motions due by 4/24/2023., Motions due by 3/24/2023., Replies due by 5/25/2023., Responses due by 5/11/2023) (Signed by Judge Katherine Polk Failla on 3/2/2023) (tg)
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Filing 9
LETTER addressed to Judge Katherine Polk Failla from Kenneth J. Kelly dated March 2, 2023 re: Cross-Motion. Document filed by Credit Suisse Securities (USA) LLC..(Kelly, Kenneth)
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Filing 8
AFFIDAVIT OF SERVICE of Petition to Confirm Arbitration Award, Declaration of Barry R Lax, Notice of Petition, Petitioner's Memorandum of Law in Support of Petition to Confirm Arbitration Award, Civil Cover Sheet, Order, and Summons in a Civil Action served on Credit Suisse Securities (USA) LLC on February 24, 2023. Service was made by Mail. Document filed by James D. Garrity..(Lax, Barry)
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Filing 7
NOTICE OF APPEARANCE by Scott James Splittgerber on behalf of Credit Suisse Securities (USA) LLC..(Splittgerber, Scott)
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Filing 6
NOTICE OF APPEARANCE by Kenneth John Kelly on behalf of Credit Suisse Securities (USA) LLC..(Kelly, Kenneth)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Credit Suisse Securities (USA) LLC..(jgo)
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Filing 4
ORDER: On February 22, 2023, Petitioner filed a petition to confirm an arbitrationaward. (Dkt. #1). Proceedings to confirm an arbitration award must be treated as akin to a motion for summary judgment. D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Accordingly, it is hereby ORDERED that Petitioners shall move for confirmation of the arbitral award in the form of a motion for summary judgment in accordance with Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York by March 15, 2023. Respondent's opposition, if any, is due on March 31, 2023. Petitioners' reply, if any, is due April 7, 2023. Petitioners shall serve the petition upon Respondent electronically and by overnight mail no later than March 2, 2023, and shall file an affidavit of such service with the court no later than March 7, 2023. ( Motions due by 3/15/2023., Responses due by 3/31/2023, Replies due by 4/7/2023.) (Signed by Judge Katherine Polk Failla on 2/23/2023) (rro)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Credit Suisse Securities (USA) LLC, re: #1 Petition (Other),. Document filed by James D. Garrity..(Lax, Barry)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Barry Richard Lax. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
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Case Designated ECF. (vf)
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Magistrate Judge Valerie Figueredo 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. (vf)
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Filing 2
CIVIL COVER SHEET filed..(Lax, Barry)
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Filing 1
PETITION TO CONFIRM ARBITRATION AWARD. (Filing Fee $ 402.00, Receipt Number ANYSDC-27373762).Document filed by James D. Garrity. (Attachments: #1 Exhibit Declaration of Barry R. Lax, #2 Supplement Notice of Petition, #3 Supplement Memorandum of Law).(Lax, Barry)
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| Petitioner: James D. Garrity | |
| Represented By: | Barry Richard Lax |
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| Respondent: Credit Suisse Securities (USA) LLC | |
| Represented By: | Kenneth John Kelly |
| Represented By: | Scott James Splittgerber |
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