Wilson-Davis & Co., Inc. v. Mirgliotta et al
Wilson-Davis & Co., Inc. |
Mirgliotta and James Mirgliotta |
1:2016cv03056 |
December 21, 2016 |
U.S. District Court for the Northern District of Ohio |
Cleveland Office |
Cuyahoga |
Patricia A Gaughan |
Other Statutes: Arbitration |
09 U.S.C. § 1 |
None |
Docket Report
This docket was last retrieved on January 31, 2018. A more recent docket listing may be available from PACER.
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Filing 59 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re Notice of Appeals #52 and #57 (USCA# 17-3496). Date issued as mandate 1/30/18, Costs: None (H,SP) |
Acknowledgment from USCA for the Sixth Circuit of receipt of #57 Amended Notice of Appeal, filed on original Appeal Case (USCA# 17-3496) (H,SP) |
Filing 57 AMENDED NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #50 Judgment of 4/28/17, #56 Memorandum Opinion and Order of 5/25/17, filed by Wilson-Davis & Co., Inc. (Filing fee $505, receipt number 0647-8186401) (Parry, D.) Modified text on 6/6/2017 (H,SP). |
Filing 56 Memorandum of Opinion and Order: Pending before the Court is Plaintiff Wilson-Davis & Co., Inc.'s Motion to Alter or Amend Judgment Under Rule 59(e), or, Alternatively, for Relief from Judgment Under Rule 60(b) (Doc. 51). The motion is DENIED. Judge Patricia A. Gaughan on 5/25/17. (LC,S) |
Filing 55 Reply in support of #51 Motion to alter/amend judgment under Rule 59(e), or, alternatively, for relief from judgment under Rule 60(b) filed by Wilson-Davis & Co., Inc.. (Parry, D.) |
Filing 54 Opposition to #51 Motion to alter/amend judgment under Rule 59(e), or, alternatively, for relief from judgment under Rule 60(b) filed by James Mirgliotta. (Spallina, Christina) |
Filing 53 Appeal Remark from USCA for the Sixth Circuit: The appeal re #52 will be held in abeyance until after the District Court rules on pending motion (USCA# 17-3496) (H,SP) |
Acknowledgment from the USCA for Sixth Circuit of receipt of #52 Notice of Appeal (USCA# 17-3496). Date filed in USCA 5/10/17. (H,SP) |
Filing 52 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #50 Judgment of 4/28/17, filed by Wilson-Davis & Co., Inc.. (Filing fee $505 paid, receipt number 0647-8149032) (Parry, D.) Modified text on 5/9/2017 (H,SP). |
Filing 51 Motion to alter/amend judgment under Rule 59(e), or, alternatively, for relief from judgment under Rule 60(b) filed by Plaintiff Wilson-Davis & Co., Inc. Related document(s) #50 . (Attachments: #1 Brief in Support) (Parry, D.) Modified text on 5/5/2017 (P,WL). |
Filing 50 Judgment Entry: This Court, having found that the Defendants' claims against Plaintiff regarding their investment losses in the stock of VgTel Inc. and New Market Enterprises are subject to FINRA arbitration, hereby finds in favor of Defendants on those claims. Having found that Defendants' claim against Wilson-Davis regarding their losses in the stock of Q Lotus is not subject to arbitration, the Court finds in favor of Plaintiff on that claim. Judge Patricia A. Gaughan on 4/28/17. (LC,S) re #49 |
Filing 49 Memorandum of Opinion and Order: The Court finds that the Mirgliottas' claims against Wilson-Davis regarding their investment losses in the stock of VGTL and New Market Enterprises are subject to FINRA arbitration. The parties shall proceed to arbitration on these claims, conducted in accordance with applicable FINRA rules. The Mirgliottas' claim against Wilson-Davis regarding their losses in the stock of Q Lotus, however, is not subject to arbitration, and arbitration regarding this claim is hereby permanently enjoined. Judge Patricia A. Gaughan on 4/28/17. (LC,S) re #11 |
Filing 48 SEALED Document:Exhibits A, B, C and D to Defendants' Brief in Opposition to Plaintiff's Motion for Preliminary Injunction filed by James Mirgliotta. Related document(s) #47 , #45 . (Attachments: #1 Exhibit A, Transcript of March 14, 2017 Deposition of James Mirgliotta, #2 Exhibit B, Transcript of April 12, 2017 Deposition of James Mirgliotta, #3 Exhibit C, Transcript of Deposition of Lyle Davis, #4 Exhibit D, Daily Commission Reports)(Spallina, Christina) |
Filing 47 Marginal Entry Order: Defendants' Motion to File Under Seal Exhibits to Their Brief in Opposition to Plaintiff's Motion for Preliminary Judgment is Granted. Judge Patricia A. Gaughan on 4/19/17. (Related Doc #44 ) (LC,S) |
Filing 46 Reply Memorandum of points and authorities in support of #11 Motion for preliminary injunction filed by Wilson-Davis & Co., Inc. (Attachments: #1 Exhibit A - Excerpts from the March 14 and April 12, 2017 Deposition of James Mirgliotta and Deposition Exhibits 2, 3, 4, 5, 8, 9, and 13)(Parry, D.) Modified text on 4/19/2017 (P,WL). |
Filing 45 Brief in Opposition to #11 Motion for preliminary injunction filed by All Defendants. (Attachments: #1 Exhibit E Press release)(Spallina, Christina) Modified text on 4/17/2017 (P,WL). |
Filing 44 Motion for leave to File Under Seal Exhibits to Brief in Opposition to #11 Motion for Preliminary Injunction filed by Defendant James Mirgliotta. (Spallina, Christina) Modified text/link on 4/17/2017 (P,WL). |
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Filing 43 Motion for extension of time until April 14, 2017 to file response/reply to #11 Motion for preliminary injunction filed by Defendant James Mirgliotta. Related document(s) #11 . (Dubyak, Robert) |
Filing 42 Case Management Order: Case Management Conference was held on 3/20/17. Case is assigned to the expedited track. Case is not suitable for ADR at any time. Non-expert discovery shall be completed on or before 4/4/17. Expert reports shall be exchanged on or before N/A for party with burden of proof & N/A for Rebuttal and Expert Discovery shall be completed on or before N/A. Pleadings shall be amended without leave of Court and new parties shall be joined on or before N/A. Dispositive Motions shall be filed on or before N/A. Brief in opposition to the Motion for Preliminary Injunction is due 4/11/17. Reply brief is due 4/18/17. By agreement of the parties, the trial will be advanced and consolidated with the preliminary injunction hearing and will be decided on briefs unless otherwise notified. A Status Conference is set N/A. A Telephonic Status Conference is set N/A. A Settlement Conference is set N/A. Judge Patricia A. Gaughan on 3/20/17. (LC,S) Time: 30 mins. |
Filing 41 Answer to #1 Complaint, filed by James Mirgliotta. (Dubyak, Robert) |
Filing 40 Report of Parties' Planning Meeting Under Fed. R. Civ. 26(f) and L.R. 16.3(b), filed by Wilson-Davis & Co., Inc.. (Weaver, Philip) |
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Filing 37 Reply in support of #26 Motion to dismiss for failure to state a claim filed by James Mirgliotta. (Spallina, Christina) |
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Filing 35 Opposition to #26 Motion to dismiss for failure to state a claim filed by Wilson-Davis & Co., Inc.. (Parry, D.) |
Filing 34 Motion for extension of Discovery until After Motion to Dismiss Decided filed by Defendant James Mirgliotta. (Spallina, Christina) |
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Filing 32 Opposition to #31 Motion for reconsideration of the Courts February 2, 2017 Order filed by Wilson-Davis & Co., Inc.. (Parry, D.) |
Filing 31 Motion for reconsideration of the Courts February 2, 2017 Order filed by Defendant James Mirgliotta. Related document(s) #30 . (Attachments: #1 Brief in Support)(Spallina, Christina) |
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Filing 29 SEALED Document: Exhibits to Memorandum filed by James Mirgliotta. (Related document(s) #26 , #28 ). (Attachments: #1 Exhibit A, Statements of Account, #2 Exhibit B, Domestic Wire Forms, #3 Exhibit C, Form 1099-R) (Spallina, Christina). Modified text and links on 2/1/2017 (H,SP). |
Filing 28 Marginal Entry Order: Defendants' Motion to File Under Seal Exhibits to Their Memorandum in Support of Motion to Dismiss is Granted. Judge Patricia A. Gaughan on 1/31/17. (LC,S) (Related Doc #27 ) Modified on 2/1/2017 to correct type of order (H,SP). |
Filing 27 Motion for leave to File Under Seal Exhibits to their Memorandum in Support of Motion to Dismiss filed by Defendant James Mirgliotta. (Spallina, Christina) |
Filing 26 Motion to dismiss filed by Defendant James Mirgliotta. (Attachments: #1 Brief in Support)(Spallina, Christina) Modified event type on 1/31/2017 (M, S). |
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Filing 24 Opposition to #22 Motion for reconsideration on January 12, 2017 Order on Plaintiff's Motion for Expedited Discovery in Support of Motion for Preliminary Injunction filed by James Mirgliotta. (Spallina, Christina) Modified text on 1/20/2017 (M, S). |
Filing 22 Motion for reconsideration on January 12, 2017 Order on Plaintiff's Motion for Expedited Discovery in Support of Motion for Preliminary Injunction filed by Plaintiff Wilson-Davis & Co., Inc.. Related document(s) #19 . (Parry, D.) Modified text on 1/20/2017 (M, S). |
Filing 21 FILING ERROR: Duplicate filing. Refiled as document #22 with memorandum in support attached. Motion for reconsideration on January 12, 2017 Order on Plaintiff's Motion for Expedited Discovery in Support of Motion for Preliminary Injunction filed by Plaintiff Wilson-Davis & Co., Inc.. Related document(s) #19 . (Parry, D.) Modified text/term motion/regenerate nef on 1/17/2017 (M, S). |
Filing 20 Return of Service by certified mail executed upon James Mirgliotta on 1/11/2017, filed on behalf of Wilson-Davis & Co., Inc. (Attachments: #1 Exhibit 1-Certified Mail Return Card)(Weaver, Philip) |
Filing 19 Memorandum of Opinion and Order: This case is before the Court upon Plaintiff Wilson-Davis & Co., Inc.'s Motion for Expedited Discovery in Support of Motion for Preliminary Injunction (Doc. #7 ). Plaintiff's motion is denied at this time. Defendants have indicated that they intend to file a motion to dismiss. To allow the Court to rule on the motion to dismiss as expeditiously as possible, Plaintiff's brief in opposition will be due fourteen days after the motion is filed, and Defendants' reply will be due seven days thereafter. The Court will rule promptly on the motion. If it is denied, the Court will entertain another motion for expedited discovery and will set a briefing schedule for Plaintiff's Motion for Preliminary Injunction. The Court understands that Plaintiff may have to file the Submission Agreement with FINRA prior to a ruling on the motion to dismiss; however, the arbitration itself is not scheduled until considerably later in the year. Judge Patricia A. Gaughan on 1/12/17. (LC,S) |
Filing 18 Reply in support of #7 Motion for Expedited Discovery in Support of Motion for Preliminary Injunction filed by Wilson-Davis & Co., Inc.. (Attachments: #1 Exhibit A - FINRA Notice of Deficiency to Wilson-Davis)(Parry, D.) Modified text on 1/11/2017 (M, S). |
Filing 17 Opposition to #7 Motion for Expedited Discovery in Support of Motion for Preliminary Injunction filed by James Mirgliotta. (Dubyak, Robert) Modified text on 1/11/2017 (M, S). |
Filing 16 Attorney Appearance by Christina C. Spallina filed by on behalf of James Mirgliotta. (Spallina, Christina) |
Filing 15 Attorney Appearance by Robert J. Dubyak filed by on behalf of James Mirgliotta. (Dubyak, Robert) |
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Remark by Finance. Funds in the amount of $400.00 refunded on 12/28/2016. (G,P) |
Filing 12 Motion for attorney D. Craig Parry to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7955033, filed by Plaintiff Wilson-Davis & Co., Inc. (Attachments: #1 Exhibit Affidavit)(Weaver, Philip) Modified duplicate text on 12/28/2016 (G,CA). |
Filing 23 SEALED Document: Exhibits to Complaint filed by Wilson-Davis & Co., Inc..(Related document(s) #1 ). (Attachments: #1 Exhibit B)(H,SP) |
Filing 11 Motion for preliminary injunction filed by Plaintiff Wilson-Davis & Co., Inc.. Related document(s) #6 . (Weaver, Philip) |
Filing 10 Proposed Order on Wilson-Davis's Motion for Expedited Briefing on Its Motion For Expedited Discovery in Support of Motion For Preliminary Injunction filed by Wilson-Davis & Co., Inc.. Related document(s) #7 . (Weaver, Philip) |
Filing 9 Proposed Order on Wilson-Davis's Motion For Expedited Discovery in Support of Motion for Preliminary Injunction filed by Wilson-Davis & Co., Inc.. Related document(s) #7 . (Weaver, Philip) |
Filing 8 Memorandum in Support of Motion for Expedited Discovery in Support of Motion for Preliminary Injunction filed by Wilson-Davis & Co., Inc. Related document(s) #7 . (Weaver, Philip) Modified text on 12/22/2016 (M, S). |
Filing 7 Motion for (1) Expedited Discovery in Support of Motion for Preliminary Injunction, and (2) Motion for Expedited Briefing filed by Wilson-Davis & Co., Inc.. (Weaver, Philip) Modified text/event type/added motion event on 12/22/2016 (M, S). |
Filing 6 Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed by Wilson-Davis & Co., Inc. Related document #1 . (Weaver, Philip) Modified to add link on 12/22/2016 (M, S). |
Filing 5 Notice of Manual Filing filed by Wilson-Davis & Co., Inc.. Related document(s) #1 .(Weaver, Philip) |
Filing 4 Motion for attorney Mark O. Van Wagoner to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7953077, filed by Plaintiff Wilson-Davis & Co., Inc. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit A-1 - Supreme Court of Ohio Pro Hac Vice Registration)(Weaver, Philip) Modified exhibit text on 12/22/2016 (G,CA). |
Filing 3 Corporate Disclosure Statement filed by Wilson-Davis & Co., Inc.. (Weaver, Philip) |
Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon James Mirgliotta. (Attachments: #1 Magistrate Consent Form) (W,Jo) (Additional attachment(s) added on 12/22/2016: #2 AO 440 Summons - Page 2) (M, S). Modified text/added summons page 2 on 12/22/2016 (M, S). |
Judge Patricia A. Gaughan assigned to case. (W,Jo) |
Notice by Clerk that Wilson-Davis & Co., Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (W,Jo) |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (W,Jo) |
Filing 1 Complaint for Declaratory and Injunctive Relief against James Mirgliotta. Filing fee paid $ 400, Receipt number 0647-7951880.. Filed by Wilson-Davis & Co., Inc.. (Attachments: #1 Civil Cover Sheet (page #1), #2 Civil Cover Sheet (page #2), #3 Summons - James Mirgliotta) (Weaver, Philip) |
Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Double Charged on Credit Card. Receipt #: 0647-7951880, filed by Wilson-Davis & Co., Inc.. (Weaver, Philip) |
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