Morgan Stanley & Co. LLC et al v. Couch

Filing 38

ORDER to SHOW CAUSE and ORDER DIRECTING Clerk's Office to Lift Stay on this case, signed by Chief Judge Lawrence J. O'Neill on 9/21/2016.( Show Cause Response due by 10/7/2016) (Martin-Gill, S)

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1 UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 4 5 MORGAN STANLEY & CO., LLC, AND 1:15-cv-1291-LJO-JLT MORGAN STANLEY SMITH BARNEY, LLC, ORDER TO SHOW CAUSE Plaintiffs, 6 7 v. DAVID COUCH, 8 Defendant. 9 10 On August 11, 2016, the Ninth Circuit affirmed this Court’s order preliminarily enjoining 11 Defendant David Couch from pursuing his claims in arbitration before the Financial Industry Regulatory 12 Authority (“FINRA”). Doc. 36. The Ninth Circuit’s mandate entered on September 6, 2016. Doc. 37. 13 After the Court entered its preliminary injunction, Plaintiffs Morgan Stanley & Co., LLC, and 14 Morgan Stanley Smith Barney, LLC (collectively, “Morgan Stanley”), moved for summary judgment, 15 arguing that Couch’s FINRA arbitration proceedings should be enjoined permanently. Doc. 30-1. 16 Couch is ORDERED to show cause why the Court should not now permanently restrain and 17 enjoin him from pursuing his FINRA arbitration claims. Couch’s response to this order shall be filed on 18 or before October 7, 2016. Morgan Stanley may file an optional response within fourteen days of 19 Couch’s filing his response. 20 The Clerk of Court is directed to lift the stay on this case. 21 IT IS SO ORDERED. 22 23 Dated: /s/ Lawrence J. O’Neill _____ September 21, 2016 UNITED STATES CHIEF DISTRICT JUDGE 24 25 1

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