Safron Capital Corp v. Morgan Stanley et al
| Safron Capital Corp |
| Morgan Stanley and Morgan Stanley Smith Barney LLC doing business as Morgan Stanley Wealth Management |
| 1:2024cv07750 |
| October 11, 2024 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
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Filing 40
ORDER: IT IS HEREBY ORDERED that the joint motion to consolidate Estate of Bernard J. Sherlip et al. v. Morgan Stanley et al., 24-cv-4571 ("Sherlip"), and Safron Capital Corp v. Morgan Stanley et al., 24-cv-7750 ("Safron"), is GRANTED. Sherlip will be the controlling case for the two consolidated cases. IT IS FURTHER ORDERED that no further filings shall be made in Safron. The Clerk of the Court is respectfully directed to terminate the open motions at Dkts. 14 and 32 of that case, to close the case, and to consolidate it with Sherlip. IT IS FURTHER ORDERED that motions for appointment of Interim Class Counsel in Sherlip must be filed not later than Friday, December 20, 2024. Responses must be filed not later than Friday, January 17, 2025, and replies must be filed not later than Friday, January 31, 2025. The Court will set a deadline to file a Consolidated Complaint after Interim Class Counsel has been appointed. IT IS FURTHER ORDERED that McKinney v. Morgan Stanley, No. 24-cv-8860 ("McKinney"), will not be consolidated with Sherlip and Safron at this time. IT IS FURTHER ORDERED that, if any of the parties in McKinney wish to move for consolidation or for transfer of that action to another District, such motions must be filed not later than Friday, December 20, 2024. Oppositions must be filed not later than Friday, January 17, 2025, and replies must be filed not later than Friday, January 31, 2025. IT IS FURTHER ORDERED that the McKinney Defendants deadline to answer or otherwise respond to the Complaint is ADJOURNED sine die pending the Courts resolution of any motion to consolidate or to transfer the action to another District. If no such motions are filed, the McKinney Defendants must answer or otherwise respond to the Complaint not later than Friday, January 31, 2025. SO ORDERED. ( Motions due by 12/20/2024., Responses due by 1/17/2025, Replies due by 1/31/2025.) (Signed by Judge Valerie E. Caproni on 12/9/2024) Filed In Associated Cases: 1:24-cv-04571-VEC, 1:24-cv-07750-VEC, 1:24-cv-08860-VEC (tg)
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| CONSOLIDATED MEMBER CASE: Create association to 1:24-cv-04571-VEC. (tg) |
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Filing 39
ORDER: IT IS HEREBY ORDERED that the deadline for Defendants to move against, answer, or otherwise respond to the Complaint is ADJOURNED sine die pending the Court's resolution of the outstanding issues regarding consolidation. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/5/2024) (tg)
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Filing 38
ORDER FOR ADMISSION PRO HAC VICE OF SCOTT I. DION granting #37 Motion to Appear Pro Hac Vice. The motion of Scott I. Dion, for admission to practice pro hac vice in the above captioned action is granted. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 12/6/2024) (tg)
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| Filing 37 MOTION for Scott Isaac Dion to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30285999. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safron Capital Corp. (Attachments: #1 Affidavit of Scott I. Dion, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order for Admission).(Dion, Scott) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Scott Isaac Dion to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30285999. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 36 JOINT LETTER addressed to Judge Valerie E. Caproni from Brian S. Weinstein, Stephen R. Astley, and Matthew L. Dameron dated November 27, 2024 re: Joint Letter in Response to the Court's November 22, 2024 Order Requesting a Joint Letter on Consolidation. Document filed by Morgan Stanley, Morgan Stanley Smith Barney LLC..(Weinstein, Brian) |
| Filing 35 NOTICE OF APPEARANCE by Danielle Mullery on behalf of Morgan Stanley, Morgan Stanley Smith Barney LLC..(Mullery, Danielle) |
| Filing 34 NOTICE OF APPEARANCE by Deborah S. Mazer on behalf of Morgan Stanley, Morgan Stanley Smith Barney LLC..(Mazer, Deborah) |
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Filing 33
ORDER with respect to #32 Letter Motion to Consolidate Cases. Not later than Wednesday, November 27, 2024, the parties must submit a joint letter indicating whether they believe that the newly filed case, McKinney v. Morgan Stanley et al. (24-cv-8860), should be consolidated with these cases if it is assigned to the Undersigned as a related case. The letter must be filed on the dockets for all three cases. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/22/2024) (tg)
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| Filing 32 JOINT LETTER MOTION to Consolidate Cases 1:24-cv-07750 and 1:24-cv-04571 addressed to Judge Valerie E. Caproni from Brian S. Weinstein, Stephen R. Astley, and Matthew L. Dameron dated November 21, 2024. Document filed by Morgan Stanley, Morgan Stanley Smith Barney LLC. (Attachments: #1 Proposed Order and Joint Stipulation).(Weinstein, Brian) |
| Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Mitsubishi UFJ Financial Group, Inc. for Morgan Stanley; Other Affiliate Morgan Stanley Capital Management LLC, Other Affiliate Morgan Stanley for Morgan Stanley Smith Barney LLC. Document filed by Morgan Stanley, Morgan Stanley Smith Barney LLC..(Weinstein, Brian) |
| Filing 30 NOTICE OF APPEARANCE by Brian Stryker Weinstein on behalf of Morgan Stanley, Morgan Stanley Smith Barney LLC..(Weinstein, Brian) |
| Filing 29 NOTICE OF APPEARANCE by Rene Alan Gonzalez on behalf of Safron Capital Corp..(Gonzalez, Rene) |
| Filing 28 NOTICE OF APPEARANCE by Andrew Rees on behalf of Safron Capital Corp..(Rees, Andrew) |
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Filing 27
ORDER FOR ADMISSION PRO HAC VICE OF RENE A. GONZALEZ granting #24 Motion to Appear Pro Hac Vice. The motion of Rene A. Gonzalez, for admission to practice pro hac vice in the above captioned action is granted. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 11/20/2024) (tg)
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Filing 26
ORDER FOR ADMISSION PRO HAC VICE OF ANDREW T. REES granting #23 Motion to Appear Pro Hac Vice. The motion of Andrew T. Rees, for admission to practice pro hac vice in the above captioned action is granted. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 11/20/2024) (tg)
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Filing 25
ORDER FOR ADMISSION PRO HAC VICE OF STEPHEN R. ASTLEY granting #22 Motion to Appear Pro Hac Vice. The motion of Stephen R. Astley, for admission to practice pro hac vice in the above captioned action is granted. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 11/20/2024) (tg)
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| Filing 24 MOTION for Rene Alan Gonzalez to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30205947. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safron Capital Corp. (Attachments: #1 Affidavit of Rene A. Gonzalez, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order for Admission).(Gonzalez, Rene) |
| Filing 23 MOTION for Andrew Thomas Rees to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30205648. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safron Capital Corp. (Attachments: #1 Affidavit of Andrew T. Rees, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order for Admission).(Rees, Andrew) |
| Filing 22 MOTION for Stephen Richard Astley to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30137483. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safron Capital Corp. (Attachments: #1 Affidavit of Stephen R. Astley, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order for Admission).(Astley, Stephen) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #20 MOTION for Andrew Thomas Rees to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30205648. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Wrong Judge listed on ALL the documentation, including the top of the Order;. 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.. (rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Rene Alan Gonzalez to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30205947. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Andrew Thomas Rees to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30205648. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Stephen Richard Astley to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30137483. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Rene Alan Gonzalez to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30205947. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Wrong Judge listed on ALL the documentation, including the top of the Order;. 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.. (rju) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for Stephen Richard Astley to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30137483. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Wrong Judge listed on ALL the documentation, including the top of the Order;. 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.. (rju) |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rene Alan Gonzalez to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30205947. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safron Capital Corp. (Attachments: #1 Affidavit of Rene A. Gonzalez, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order for Admission).(Gonzalez, Rene) Modified on 11/20/2024 (rju). |
| Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew Thomas Rees to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30205648. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safron Capital Corp. (Attachments: #1 Affidavit of Andrew T. Rees, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order for Admission).(Rees, Andrew) Modified on 11/20/2024 (rju). |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stephen Richard Astley to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30137483. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safron Capital Corp. (Attachments: #1 Affidavit of Stephen R. Astley, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order for Admission).(Astley, Stephen) Modified on 11/20/2024 (rju). |
| Filing 18 MOTION for Rene Alan Gonzalez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30205947. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safron Capital Corp. (Attachments: #1 Affidavit of Rene A. Gonzalez, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order for Admission).(Gonzalez, Rene) |
| Filing 17 MOTION for Andrew Thomas Rees to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30205648. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safron Capital Corp. (Attachments: #1 Affidavit of Andrew T. Rees, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order for Admission).(Rees, Andrew) |
| Filing 16 MOTION for Stephen Richard Astley to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30137483. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safron Capital Corp. (Attachments: #1 Affidavit of Stephen R. Astley, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order for Admission).(Astley, Stephen) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for Rene Alan Gonzalez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30205947. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Wrong Judge on Proposed Order;. 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.. (bc) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Andrew Thomas Rees to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30205648. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Wrong Judge on Proposed Order;. 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.. (bc) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #16 MOTION for Stephen Richard Astley to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-30137483. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Wrong Judge on Proposed Order;. 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.. (bc) |
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Filing 15
ORDER: IT IS HEREBY ORDERED that, not later than Thursday, November 21, 2024, the parties must file a joint letter either (1) showing cause why this case should not be consolidated with 24-CV-4571, or (2) indicating that they consent to consolidating this case with 24-CV-4571. If the parties disagree as to whether consolidation is appropriate, they should indicate their disagreement in the joint letter and explain their respective positions. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/14/2024) (ks)
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| Magistrate Judge Robyn F. Tarnofsky 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Andrew L. Carter, Jr is no longer assigned to the case. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:24-cv-04571-VEC. Notice of Assignment to follow. (vba) |
| Filing 14 JOINT LETTER MOTION to Consolidate Cases 1:24-cv-04571 and 1:24-cv-07750. addressed to Judge Andrew L. Carter, Jr. from Stephen R. Astley dated 11/07/2024. Document filed by Safron Capital Corp..(Astley, Stephen) |
| Filing 13 FILING ERROR - PDF ERROR - MOTION for Stephen R. Astley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30137483. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safron Capital Corp. (Attachments: #1 Affidavit of Stephen R. Astley, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order for Admission).(Astley, Stephen) Modified on 11/4/2024 (bc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for Stephen R. Astley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30137483. 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 California and Florida;. 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.. (bc) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Morgan Stanley Smith Barney LLC waiver sent on 10/16/2024, answer due 12/16/2024. Document filed by Safron Capital Corp..(Astley, Stephen) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Morgan Stanley waiver sent on 10/16/2024, answer due 12/16/2024. Document filed by Safron Capital Corp..(Astley, Stephen) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Morgan Stanley. (sj) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Morgan Stanley Smith Barney LLC. (sj) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Morgan Stanley, re: #1 Complaint. Document filed by Safron Capital Corp..(Astley, Stephen) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Morgan Stanley Smith Barney LLC, re: #1 Complaint. Document filed by Safron Capital Corp..(Astley, Stephen) |
| Filing 6 STATEMENT OF RELATEDNESS re: that this action be filed as related to 24-cv-04571. Document filed by Safron Capital Corp..(Astley, Stephen) |
| Filing 5 CIVIL COVER SHEET filed..(Astley, Stephen) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stephen R. Astley to RE-FILE Document No. #3 Request for Issuance of Summons, #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the form used for the summons is not the official A.O. Summons form dated 06/12. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah Netburn 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stephen R. Astley. The party information for the following party/parties has been modified: Safron Capital Corp; Morgan Stanley Smith Barney LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stephen R. Astley. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1332; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 18:1962; the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Stephen R. Astley to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Courthouse Assignment code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated May 28, 2024. The S.D.N.Y. Civil Cover Sheet dated May 28, 2024 is located at#http://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo) |
| Filing 4 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Morgan Stanley, re: #1 Complaint. Document filed by Safron Capital Corp..(Astley, Stephen) Modified on 10/15/2024 (jgo). |
| Filing 3 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Morgan Stanley Smith Barney LLC, re: #1 Complaint. Document filed by Safron Capital Corp..(Astley, Stephen) Modified on 10/15/2024 (jgo). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Astley, Stephen) Modified on 10/15/2024 (jgo). |
| Filing 1 COMPLAINT against Morgan Stanley, Morgan Stanley Smith Barney LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-30031962)Document filed by Safron Capital Corp..(Astley, Stephen) |
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