Alabaykan Holding Company LLC v. Tobin & Company Securities LLC et al
| Alabaykan Holding Company LLC and Alabaykan Holding Company LTD. |
| Tobin 7 Company Securities LLC, Justine Edit Tobin, Tobin & Company Securities LLC and Justine Eidt Tobin |
| 3:2021cv01502 |
| October 18, 2021 |
| US District Court for the District of Puerto Rico |
| Silvia L Carreno-Coll |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.
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Filing 34
ORDER noted #31 Motion In Compliance. All request for admissions, interrogatories and document requests shall be served 12/17/2021. Written response to all requests for admissions, interrogatories and document requests shall be served by 1/5/2022. All documents responsive to document requests must be produced by 1/12/2022. If any Party intends to rely on expert opinions and/or testimony, such experts must be identified by 1/19/2022. The Parties shall each be entitled to conduct up to two (2) fact depositions, which shall be completed on or before 1/26/2022. Should a Party reasonably believe that it needs to conduct additional depositions, it shall seek leave from the Court on or before 1/28/2022. All motions pursuant to Federal Rules of Civil Procedure 12 and 56, at the election of the Parties, shall be filed by 1/31/2022. Oppositions shall be filed by 2/7/2022. Signed by Judge Silvia L. Carreno-Coll on 12/14/2021. (MCV)
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Filing 32
ORDER noted #29 INFORMATIVE motion, re #30 RESPONSE to Motion filed by All Defendants Re: 29 INFORMATIVE Motion. Signed by Judge Silvia L. Carreno-Coll on 12/13/2021. (MCV)
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| Filing 31 JOINT Motion In Compliance with Order filed by Jorge I. Peirats on behalf of Alabaykan Holding Company LTD. Responses due by 12/22/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Peirats, Jorge) Modified on 12/9/2021 to add filers and edit DE title (ecc). |
| Filing 30 RESPONSE to Motion filed by All Defendants Re: #29 INFORMATIVE Motion regarding status of FINRA proceeding filed by Alabaykan Holding Company LTD. filed by All Defendants. (Attachments: #1 Exhibit A - FINRA Rule 12801, #2 Exhibit B - FINRA Rule 12303, #3 Exhibit C - NASD Notice to Members 04-11)(Lluberas, Luis) |
| Filing 29 INFORMATIVE Motion regarding status of FINRA proceeding filed by Jorge I. Peirats on behalf of Alabaykan Holding Company LTD. Responses due by 12/21/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit I)(Peirats, Jorge) |
| Filing 33 Minute Entry for proceedings held before Judge Silvia L. Carreno-Coll:Status Conference held on 12/3/2021 by Video Tele-Conference (VTC). Present on behalf of the plaintiff were Atty. Jonathan A. Korte, Atty. Jorge I. Peirats and Atty. Robert V. Cornish. On behalf of defendants were Atty. Luis Manuel Lluberas and Atty. Nader S. Raja. Status of the case was discussed. The parties shall file a Joint Informative Motion stating if they have reached a discovery timetable. Motion filing due by 12/9/2021. (ram) |
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Filing 28
ORDER noted #27 INFORMATIVE motion. Signed by Judge Silvia L. Carreno-Coll on 12/2/2021. (MRB)
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| Filing 27 INFORMATIVE Motion regarding Transfer of Texas Action filed by Jorge I. Peirats on behalf of Alabaykan Holding Company LTD. Responses due by 12/16/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A)(Peirats, Jorge) |
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Filing 26
ORDER re #17 : Motion for Preliminary Injunction is DENIED. A status and scheduling conference is set for December 3, 2021 at 3:30pm (AST) via VTC. The Parties shall come prepared to set dates for the pre-trial and trial. Further instructions with the information to connect will follow by email. Signed by Judge Silvia L. Carreno-Coll on 12/1/2021. (MRB)
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| Filing 25 Minute Entry for proceedings held before Judge Silvia L. Carreno-Coll: Preliminary Injunction Hearing held on 11/24/2021 by Video Tele-Conference (VTC). Present on behalf of the plaintiff were Atty. Jonathan A. Korte, Atty. Jorge I. Peirats and Atty. Robert V. Cornish. On behalf of defendants were Atty. Luis Manuel Lluberas and Atty. Nader S. Raja. The Court inquired if the parties were going to present any testimonial evidence or additional exhibits. The parties did not do so, and asked the Court to consider the case on the documents on the record. After having heard the parties, the Court held the matter under advisement. Order to be issued. (Court Reporter Evilys Carrion.) (ram) |
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Filing 24
ORDER: In preparation for the Preliminary Injunction Hearing scheduled for November 24, 2021, the Parties shall comply with the deadlines set in the attached Order. Signed by Judge Silvia L. Carreno-Coll on 11/23/2021. (MRB)
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| Filing 23 RESPONSE in Opposition to Motion filed by Alabaykan Holding Company LTD. Re: #17 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Tobin & Company Securities LLC, Justine Eidt Tobin filed by Alabaykan Holding Company LTD.. (Attachments: #1 Exhibit 1 - Alabaykan SOC, #2 Exhibit 2 - Summary of Service Letter to All Parties, #3 Exhibit 3 - Plaintiff's Puerto Rico Complaint, #4 Exhibit 4 - Claimants Notice of Related Court Proceedings, #5 Exhibit 5 - - Defendants' Complaint Against Alabaykan, #6 Exhibit 6 - Defendants' Updated Filings, #7 Exhibit 7 - Texas Court's Rejection of Defendants' Motion, #8 Exhibit 8 - Defendants' Letter to the FINRA Director, #9 Exhibit 9 - Plaintiff's Letter to the FINRA Director, #10 Exhibit 10 - FINRA Director's Decision, #11 Exhibit 11 - Attempted Service, #12 Exhibit 12 - Waiver of Service (PR), #13 Exhibit 13 - Rejection of the TRO (PR))(Martinez-Casado, Maria) |
| Filing 22 INFORMATIVE Motion regarding receipt of notifications of electronic filings by attorney Robert V. Cornish, Jr. filed by Maria E. Martinez-Casado on behalf of Alabaykan Holding Company LTD. Responses due by 12/3/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Casado, Maria) |
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Filing 21
ORDER granting #19 Motion to Appear PHV. Signed by Judge Silvia L. Carreno-Coll on 11/18/2021. (MCV)
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Filing 20
ORDER denying #17 Motion for TRO. Preliminary Injunction Hearing is set for 11/24/2021 at 3:00 PM by Video Tele-Conference (VTC) before Judge Silvia L. Carreno-Coll. During the VTC all participants will connect remotely. Further instructions with the information to connect will follow by email. Any exhibits shall be sent by e-mail to the Courtroom Deputy Clerk on or before 11/23/2021 at noon. Signed by Judge Silvia L. Carreno-Coll on 11/18/2021. (ram)
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| Filing 19 Motion to allow Nader Raja to appear pro hac vice (Pro Hac fee $300 receipt number 0104-7535269) filed by Luis Manuel Lluberas on behalf of Justine Eidt Tobin, Tobin & Company Securities LLC Responses due by 12/2/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit NC Certificate of Good Standing)(Lluberas, Luis) |
| Filing 18 Corporate Disclosure Statement byTobin & Company Securities LLC identifying Corporate Parent Tobin & Company Investment Banking Group LLC, Other Affiliate Justine Eidt Tobin for Tobin & Company Securities LLC.. (Lluberas, Luis) |
| Filing 17 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Luis Manuel Lluberas on behalf of Justine Eidt Tobin, Tobin & Company Securities LLC Responses due by 12/1/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Brief in Support of Motion, #2 Text of Proposed Order Proposed order Granting Motion, #3 Affidavit Declaration of Justine E. Tobin, #4 Affidavit Declaration of Nader S. Raja, #5 Exhibit Exhibit A to Raja Declaration, #6 Exhibit Exhibit B to Raja Declaration, #7 Exhibit Exhibit C to Raja Declaration, #8 Exhibit Exhibit D to Raja Declaration, #9 Exhibit Exhibit E to Raja Declaration, #10 Exhibit Exhibit F to Raja Declaration, #11 Exhibit Exhibit G to Raja Declaration, #12 Exhibit Exhibit H to Raja Declaration, #13 Exhibit Exhibit I to Raja Declaration)(Lluberas, Luis) |
| Filing 16 STIPULATION (Joint) by Alabaykan Holding Company LTD.. (Martinez-Casado, Maria) Modified on 11/15/2021 to add filers(ecc). |
| Filing 15 WAIVER OF SERVICE Returned Executed by Alabaykan Holding Company LTD.. Justine Eidt Tobin waiver sent on 11/8/2021, answer due 1/10/2022; Tobin & Company Securities LLC waiver sent on 11/8/2021, answer due 1/10/2022. (Martinez-Casado, Maria) |
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Filing 14
ORDER re 13 Amended Order: The Order at Docket No. 13 is amended to clarify that the case shall be randomly referred to a U.S. Magistrate Judge once Defendants have been served and had the opportunity to answer the complaint or otherwise plead. The rest of the Order at Docket No. 13 remains unchanged. Signed by Judge Silvia L. Carreno-Coll on 11/1/2021. (MRB)
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Filing 13
ORDER REFERRING CASE: This case is to be randomly referred to a U.S. Magistrate Judge for an Initial Scheduling Conference. At the conference, the Parties shall state whether they consent to proceed before a U.S. Magistrate Judge. Signed by Judge Silvia L. Carreno-Coll on 11/1/2021. (MRB) Modified on 11/3/2021 to correct event (ecc).
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| Filing 12 SUMMONS Issued as to Justine Eidt Tobin. (Attachments: #1 Summons) (vdm) |
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Filing 11
ORDER granting #7 Motion to Appear PHV; granting #8 Motion to Appear PHV. Signed by Judge Silvia L. Carreno-Coll on 11/01/2021. (MRB)
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Filing 10
ORDER granting #6 Motion for Issuance of Summons. The Clerk of Court shall issue the summons accordingly. Signed by Judge Silvia L. Carreno-Coll on 11/01/2021. (MRB)
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Filing 9
ORDER noted #3 Motion submitting. Signed by Judge Silvia L. Carreno-Coll on 11/01/2021. (MRB)
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| Filing 8 Motion to allow Robert Cornish to appear pro hac vice (Pro Hac fee $300 receipt number 0104-7502258) filed by Maria E. Martinez-Casado on behalf of Alabaykan Holding Company LTD. Responses due by 11/5/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Casado, Maria) |
| Filing 7 Motion to allow Jonathan Korte to appear pro hac vice (Pro Hac fee $300 receipt number 0104-7502256) filed by Maria E. Martinez-Casado on behalf of Alabaykan Holding Company LTD. Responses due by 11/5/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Casado, Maria) |
| Filing 6 MOTION for Issuance of Summons as to Justine Edit Tobin filed by Maria E. Martinez-Casado on behalf of Alabaykan Holding Company LLC Responses due by 11/2/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Summons)(Martinez-Casado, Maria) |
| Filing 5 Summons Issued as to Tobin & Company Securities LLC (Attachments: #1 Summons) (arg) |
| Filing 4 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Silvia L. Carreno-Coll (arg) |
| Filing 3 MOTION Submitting Initiating Documents re: #1 Complaint filed by Alabaykan Holding Company LLC filed by Maria E. Martinez-Casado on behalf of Alabaykan Holding Company LLC Responses due by 11/1/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet, #3 Summons)(Related document(s) #1 ) (Martinez-Casado, Maria) |
| Filing 2 Payment of Electronic Filing Fee( Filing fee $402 receipt number 0104-7495235.) re #1 Complaint filed by Alabaykan Holding Company LLC, filed by Alabaykan Holding Company LLC. Related document: #1 Complaint filed by Alabaykan Holding Company LLC.(Martinez-Casado, Maria) |
| Filing 1 COMPLAINT against ALABAYKAN HOLDING COMPANY LLC, filed by ALABAYKAN HOLDING COMPANY LLC. Service due by 1/18/2022, (Attachments: #1 Exhibit 1)(Peirats, Jorge) |
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