McCrary v. Merrill Lynch, Pierce, Fenner & Smith Incorporated
| Margaret McCrary |
| Merrill Lynch, Pierce, Fenner & Smith, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated |
| 1:2023cv10768 |
| December 11, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2024. A more recent docket listing may be available from PACER.
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Filing 20
ORDER: The Court hereby adjourns tomorrow's initial conference. In preparation for the conference, the Court reviewed the recently filed Rule 7.1 statement of defendant Merrill Lynch, Pierce, Fenner & Smith, Inc., which disclosed that Berkshire Hathaway is a beneficial owner of the company, Bank of America, N.A., of which Merrill Lynch is, indirectly, a wholly owned subsidiary. Dkt. 13. Because the Court's family owns stock in Berkshiare Hathaway, Inc., the Court cannot preside over this case, and therefore must recuse, and does so here. An order effecting the transfer of this case to another judge will issue shortly. The Court apologizes for any inconvenience caused to counsel by its review of the Rule 7.1 statement this close to tomorrow's conference. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/8/2024) (vfr)
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| Filing 19 NOTICE OF APPEARANCE by Anna Lee Nord on behalf of Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Nord, Anna Lee) |
| Filing 18 NOTICE OF APPEARANCE by Emer Caitriona Burke on behalf of Margaret McCrary..(Burke, Emer) |
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Filing 17
ORDER granting #14 Letter Motion for Conference re: #14 LETTER MOTION for Conference addressed to Judge Analisa Torres from Paul S. Mishkin dated January 17, 2024. The Court has reviewed counsels' letters on the defense's application for a conference to discuss whether to stay this case pending further developments in Valelly v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 19 Civ. 7998 (VEC). See Dkts. 14-15. The Court hereby schedules a conference for this purpose for February 9, 2024, at 9 a.m. to be held in person in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 1007. At the conference, counsel should be prepared to discuss intermediate options short of the full stay urged by the defense. Pending the outcome of the conference, the Court stays defendant's deadline to answer or respond to the complaint. SO ORDERED. Status Conference set for 2/9/2024 at 09:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 2/1/2024) (tg)
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| Filing 16 NOTICE OF APPEARANCE by Adam Joseph Blander on behalf of Margaret McCrary..(Blander, Adam) |
| Filing 15 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Robert C. Finkel dated January 23, 2024 re: #14 LETTER MOTION for Conference addressed to Judge Analisa Torres from Paul S. Mishkin dated January 17, 2024. Opposition to pre-motion letter requesting a stay. Document filed by Margaret McCrary..(Finkel, Robert) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Analisa Torres is no longer assigned to the case. (tro) |
| Filing 14 LETTER MOTION for Conference addressed to Judge Analisa Torres from Paul S. Mishkin dated January 17, 2024. Document filed by Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Mishkin, Paul) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank of America Corporation, Other Affiliate BAC North America Holding Company, Other Affiliate NB Holdings Corporation for Merrill Lynch, Pierce, Fenner & Smith Incorporated. Document filed by Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Mishkin, Paul) |
| Filing 12 NOTICE OF APPEARANCE by Cristina M Rincon on behalf of Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Rincon, Cristina) |
| Filing 11 NOTICE OF APPEARANCE by Lara Samet Buchwald on behalf of Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Buchwald, Lara) |
| Filing 10 NOTICE OF APPEARANCE by Paul Steel Mishkin on behalf of Merrill Lynch, Pierce, Fenner & Smith Incorporated..(Mishkin, Paul) |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Merrill Lynch, Pierce, Fenner & Smith Incorporated waiver sent on 12/21/2023, answer due 2/20/2024. Document filed by Margaret McCrary..(Finkel, Robert) |
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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 encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 12/14/2023) (ama)
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Filing 7
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. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by February 14, 2024, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by February 14, 2024, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 12/14/2023) (ama)
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Filing 6
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by February 14, 2024, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. SO ORDERED. (Signed by Judge Analisa Torres on 12/14/2023) (ama)
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| CASE DECLINED AS NOT RELATED. Case referred as related to 1:19-cv-07998-VEC and declined by Judge Valerie E. Caproni and returned to wheel for assignment. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (tro) |
| Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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. (tro) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Merrill Lynch, Pierce, Fenner & Smith Incorporated..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Craig Finkel. The party information for the following party/parties has been modified: Margaret McCrary; Merrill Lynch, Pierce, Fenner & Smith Incorporated. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| CASE REFERRED TO Judge Valerie E. Caproni as possibly related to 19-cv-7998. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-07998. Document filed by Margaret McCrary..(Finkel, Robert) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, re: #1 Complaint. Document filed by Margaret McCrary..(Finkel, Robert) |
| Filing 2 CIVIL COVER SHEET filed..(Finkel, Robert) |
| Filing 1 COMPLAINT against Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28678693)Document filed by Margaret McCrary..(Finkel, Robert) |
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