Wilson-Davis & Co., Inc. v. Mirgliotta et al
Plaintiff: Wilson-Davis & Co., Inc.
Defendant: Mirgliotta and James Mirgliotta
Case Number: 1:2016cv03056
Filed: December 21, 2016
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Patricia A Gaughan
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09 U.S.C. § 1
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 31, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2018 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)
June 15, 2017 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)
June 5, 2017 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).
May 25, 2017 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)
May 19, 2017 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.)
May 12, 2017 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)
May 11, 2017 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)
May 11, 2017 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)
May 8, 2017 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).
May 5, 2017 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).
April 28, 2017 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
April 28, 2017 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
April 19, 2017 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)
April 19, 2017 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)
April 18, 2017 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).
April 14, 2017 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).
April 14, 2017 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).
April 12, 2017 Opinion or Order Order [non-document]: Defendants Motion for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction is Granted to 4/14/17. Judge Patricia A. Gaughan on 4/12/17. (LC,S) re #43
April 11, 2017 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)
March 20, 2017 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.
March 14, 2017 Filing 41 Answer to #1 Complaint, filed by James Mirgliotta. (Dubyak, Robert)
March 14, 2017 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)
February 28, 2017 Opinion or Order Filing 39 Case Management Conference Scheduling Order with case management conference set on 3/20/2017 at 8:45 am to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 2/28/17. (D,Ma)
February 23, 2017 Opinion or Order Filing 38 Order: Defendants' Motion to Dismiss is DENIED. As set forth in this Court's order of February 10, 2017, Defendants shall fully respond to Plaintiff's Expedited Discovery Requests to Defendants, including the production of responsive documents, within seven days of the date of this Order. Defendant James Mirgliotta shall make himself available for deposition within 14 days of the date of this Order. Defendants' brief in opposition to Plaintiff's Motion for Preliminary Injunction is due 30 days after the date of this Order. Plaintiff's reply brief is due seven days thereafter. Judge Patricia A. Gaughan on 2/23/17. (LC,S) (Related Doc #26 )
February 17, 2017 Filing 37 Reply in support of #26 Motion to dismiss for failure to state a claim filed by James Mirgliotta. (Spallina, Christina)
February 10, 2017 Opinion or Order Filing 36 Order: This case is before the Court upon Defendants' Motion to Extend Discovery Deadlines. Defendants' motion is GRANTED. Defendants shall fully respond to Plaintiff's Expedited Discovery Requests to Defendants, including the production of responsive documents, within seven days of the date of the Court's ruling on Defendants' Motion to Dismiss. Defendant James Mirgliotta shall make himself available within 14 days of the date of the ruling on the Motion to Dismiss. Defendants' brief in opposition to Plaintiff's Motion for Preliminary Injunction is due 30 days after the ruling on the Motion to Dismiss. Plaintiff's reply brief is due seven days thereafter. #34 Judge Patricia A. Gaughan on 2/10/17.(D,Ma)
February 10, 2017 Filing 35 Opposition to #26 Motion to dismiss for failure to state a claim filed by Wilson-Davis & Co., Inc.. (Parry, D.)
February 9, 2017 Filing 34 Motion for extension of Discovery until After Motion to Dismiss Decided filed by Defendant James Mirgliotta. (Spallina, Christina)
February 9, 2017 Opinion or Order Filing 33 Order: This case is before the Court upon Defendants' Motion to Reconsider the Court's February 2, 2017 Order (Doc. #31 ). Defendants' Motion to Reconsider is GRANTED. Defendants' second argument in the Motion to Dismiss is withdrawn. The Court will address only the first argument that they raise in the motion and will treat the motion as one under Rule 12(b)(6); it will not be converted into a motion for summary judgment. The Court will rule on the motion expeditiously. Judge Patricia A. Gaughan on 2/9/17. (LC,S)
February 6, 2017 Filing 32 Opposition to #31 Motion for reconsideration of the Courts February 2, 2017 Order filed by Wilson-Davis & Co., Inc.. (Parry, D.)
February 3, 2017 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)
February 2, 2017 Opinion or Order Filing 30 Order: This case is before the Court upon Defendants' Motion to Dismiss (Doc. #26 ). Defendants have attached several exhibits to their motion, including copies of Defendants' Statements of Account with Wilson-Davis, copies of domestic wire forms regarding Defendants' accounts with Wilson-Davis, and a copy of Bette Mirgliotta's 1099-R issued by Wilson-Davis. These are all matters outside of the pleadings. Accordingly, this Court cannot treat Defendants' motion as a motion to dismiss but must instead treat it as one for summary judgment under Rule 56. See Fed. R. Civ. P. 12(d). In addition, because Defendants have attached this evidence to their motion, Plaintiff is entitled to a "reasonable opportunity to present all the material that is pertinent to the motion." Id. Thus, the Court hereby gives notice to the parties that it will convert the motion to a summary judgment motion and will hold it in abeyance pending discovery. Previously, the Court denied Plaintiff's Motion for Expedited Discovery in Support of Motion for Preliminary Injunction in light of Defendants' assertions that it would be filing a motion to dismiss pursuant to Rule 12(b)(6) and that no discovery was necessary for such a motion. Because Defendants have attached evidence outside the pleadings to their Rule 12(b)(6) motion, the Court hereby reconsiders its ruling on Plaintiff's motion for expedited discovery. Plaintiff's motion is GRANTED. Defendants shall fully respond to Plaintiff's Expedited Discovery requests to Defendants, including the production of responsive documents, within seven days of the date of this Order. Defendant James Mirgliotta shall make himself available within 14 days of the date of this Order for a deposition lasting no more than three hours and limited to matters bearing on the Motion for Preliminary Injunction. Defendants' brief in opposition to Plaintiff's Motion for Preliminary Injunction is due March 3, 2017, and Plaintiff's reply is due March 10, 2017. Judge Patricia A. Gaughan on 2/2/17. (LC,S) re #26 , #11
January 31, 2017 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).
January 31, 2017 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).
January 30, 2017 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)
January 30, 2017 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).
January 20, 2017 Opinion or Order Filing 25 Order: This case is before the Court upon Plaintiff Wilson-Davis & Co., Inc.'s Motion to Reconsider January 12, 2017 Order on Plaintiff's Motion for Expedited Discovery in Support of Motion for Preliminary Injunction (Doc. #22 ). Plaintiff's motion is DENIED. It should be assumed that Plaintiff's signing of the Submission Agreement in the FINRA proceeding is without prejudice to this Court's authority to determine if Wilson-Davis is required to arbitrate. Regarding Plaintiff's concern that defendants may not file a motion to dismiss, the Court will not grant defendants any extensions of time for filing such a motion. A motion to dismiss, if one is filed, is due within the time allowed by law. In the event that a motion to dismiss is denied or not filed and Plaintiff renews its motion for expedited discovery, the Court notes that Plaintiff did not submit its discovery requests with its original motion for expedited discovery. (See Doc. #8 , at 4) (purporting to attach discovery requests as Exhibit A to motion). Should Plaintiff renew its motion, it must submit such requests as an exhibit. In addition, Plaintiff filed the First Amended Statement of Claim as well as a letter from the FINRA case administrator as exhibits to its Complaint under seal without first seeking leave of Court. The Court reminds the parties that all future requests to file documents under seal must be by motion. (See Local Rule 5.2 Filing Documents Under Seal) ("No document will be accepted for filing under seal unless a statute, court rule, or prior court order authorizes the filing of sealed documents. If no statute, rule, or prior order authorizes filing under seal, the document will not be filed under seal."). The February 10, 2017 case management conference is canceled. A new date will be given at the appropriate time. Judge Patricia A. Gaughan on 1/20/17. (LC,S)
January 20, 2017 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).
January 13, 2017 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).
January 13, 2017 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).
January 13, 2017 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)
January 12, 2017 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)
January 11, 2017 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).
January 10, 2017 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).
January 10, 2017 Filing 16 Attorney Appearance by Christina C. Spallina filed by on behalf of James Mirgliotta. (Spallina, Christina)
January 10, 2017 Filing 15 Attorney Appearance by Robert J. Dubyak filed by on behalf of James Mirgliotta. (Dubyak, Robert)
January 6, 2017 Opinion or Order Filing 14 Case Management Conference Scheduling Order with case management conference set on 2/10/2017 at 10:00 a.m. to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 1/06/17. (D,Ma)
January 3, 2017 Opinion or Order Filing 13 Order on Wilson-Davis's Motion for Expedited Briefing on Its Motion For Expedited Discovery in Support of Motion For Preliminary Injunction: A. Defendants' Memorandum in Opposition to Plaintiffs Motion for ExpeditedDiscovery in Support of Motion for Preliminary Injunction shall be filed and served on Plaintiff's counsel no later than five business days after the date of this Order; B. Plaintiff's Reply Memorandum in support of their Motion for Expedited Discovery shall be filed and served on Defendants' counsel no later than two business days after service of Defendants' Memorandum in Opposition. Judge Patricia A. Gaughan on 1/3/17. (LC,S)
January 3, 2017 Opinion or Order Order [non-document] Granting Motion for admission pro hac vice of attorney Mark O. Van Wagoner for Plaintiff Wilson-Davis & Co., Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Patricia A. Gaughan on 1/3/17. (Related Doc #4 ) (LC,S)
January 3, 2017 Opinion or Order Order [non-document] Granting Motion for admission pro hac vice of attorney D. Craig Parry for Plaintiff Wilson-Davis & Co., Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Patricia A. Gaughan on 1/3/17. (Related Doc #12 ) (LC,S)
December 28, 2016 Remark by Finance. Funds in the amount of $400.00 refunded on 12/28/2016. (G,P)
December 27, 2016 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).
December 22, 2016 Filing 23 SEALED Document: Exhibits to Complaint filed by Wilson-Davis & Co., Inc..(Related document(s) #1 ). (Attachments: #1 Exhibit B)(H,SP)
December 22, 2016 Filing 11 Motion for preliminary injunction filed by Plaintiff Wilson-Davis & Co., Inc.. Related document(s) #6 . (Weaver, Philip)
December 22, 2016 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)
December 22, 2016 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)
December 22, 2016 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).
December 22, 2016 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).
December 22, 2016 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).
December 22, 2016 Filing 5 Notice of Manual Filing filed by Wilson-Davis & Co., Inc.. Related document(s) #1 .(Weaver, Philip)
December 22, 2016 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).
December 22, 2016 Filing 3 Corporate Disclosure Statement filed by Wilson-Davis & Co., Inc.. (Weaver, Philip)
December 22, 2016 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).
December 22, 2016 Judge Patricia A. Gaughan assigned to case. (W,Jo)
December 22, 2016 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)
December 22, 2016 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)
December 21, 2016 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)
December 21, 2016 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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Plaintiff: Wilson-Davis & Co., Inc.
Represented By: Mark O. Van Wagoner
Represented By: Philip J. Weaver, Jr.
Represented By: D. Craig Parry
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Defendant: Mirgliotta
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Defendant: James Mirgliotta
Represented By: Christina C. Spallina
Represented By: Robert J. Dubyak
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