Harry v. KCG Americas LLC et al

Filing 125

ORDER by Judge Haywood S. Gilliam, Jr. Denying 124 Motion for Extension of Time to File Motion for Sanctions.(ndrS, COURT STAFF) (Filed on 8/30/2018)

1
2
3
4
5
6
7
8
9

JEFFRY HENDERSON (pro hac vice)
[e-mail]
ROBERT CHRISTIE (pro hac vice)
[e-mail]
KATHARINE L. MALONE (SBN: 290884)
[e-mail]
GREENBERG TRAURIG, LLP
Four Embarcadero Center, Suite 3000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
KCG Americas LLC, Daniel B. Coleman,
Carl Gilmore, Greg Hostetler, Main Street Trading, Inc.,
Patrick J. Flynn, Edward W. Wedbush and Wedbush Securities Inc.

10

UNITED STATES DISTRICT COURT

11

FOR THE NORTHERN DISTRICT OF CALIFORNIA

12

OAKLAND DIVISION

13
14

BRIGHT HARRY,

15
16
17
18
19
20
21
22
23

CASE NO. 4:17-CV-2385-HSG
Plaintiff,

v.

NOTICE OF MOTION AND DEFENDANTS
KCG AMERICAS LLC, DANIEL B. COLEMAN,
CARL GILMORE, GREG HOSTETLER, MAIN
STREET TRADING, INC., PATRICK J. FLYNN,
EDWARD W. WEDBUSH AND WEDBUSH
SECURITIES INC.’S MOTION FOR AN
EXTENSION OF TIME TO FILE MOTION FOR
SANCTIONS AND ORDER

KCG AMERICAS LLC, DANIEL B.
COLEMAN, CARL GILMORE,
GREG HOSTETLER, MAIN STREET
TRADING, INC., PATRICK J. FLYNN,
WEDBUSH SECURITIES INC., EDWARD
W. WEDBUSH, ION TRADING, INC,
ANDREA PIGNATARO,
ROBERT SYLVERNE, COMPUTER VOICE Complaint Filed: April 26, 2017
SYSTEMS, INC., PAUL STURM, and SCOTT
Amended Complaint Filed: May 16, 2017
WILLIAM BENZ,
Second Amended Complaint Filed: April 3, 2018
Defendants.
Honorable Haywood S. Gilliam, Jr., presiding

24
25
26
27
28
DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR
EXTENSION OF TIME TO FILE MOTION FOR SANCTIONS
CHI 69513110v2

1

TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

2

PLEASE TAKE NOTICE that Defendants KCG Americas LLC, Daniel B. Coleman, Carl

3
4
5
6
7

Gilmore, Greg Hostetler, Main Street Trading, Inc., Patrick J. Flynn , Edward W. Wedbush and
Wedbush Securities Inc. (collectively, “Wedbush”) hereby move the Court for entry of an order
allowing thirty days to file a Motion for Sanctions against plaintiff Bright Harry.
DATED: August 29, 2018

8

By:__/s/ Robert B. Christie______
Robert B. Christie

9
10

One of Defendants’ Attorneys

11

KCG Americas LLC,
Daniel B. Coleman,
Carl Gilmore,
Greg Hostetler,
Main Street Trading, Inc.,
Patrick J. Flynn,
Edward W. Wedbush and
Wedbush Securities Inc.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1

DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR
EXTENSION OF TIME TO FILE MOTION FOR SANCTIONS

1

MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR SANCTIONS

2
3
4
5
6
7

Pursuant to Rule 6 of the Federal Rules of Civil Procedure and Local Rule 6 -1 of this Court’s
Civil Local Rules, Defendants KCG Americas LLC, Daniel B. Coleman, Carl Gilmore, Greg Hostetler,
Main Street Trading, Inc., Patrick J. Flynn, Edward W. Wedbush and Wedbush Securities Inc.
(collectively “Wedbush”) respectfully request the entry of an order extending the time to file a Motion
for Sanctions against plaintiff Bright Harry, and in support state as follows:

8

MEMORANDUM OF POINTS AND AUTHORITIES

9
10
11
12
13
14
15

1.

filing of a 39 page Complaint. On May 16, 2017, Harry amended his Complaint (“First Amended
Complaint”) without leave of court. The First Amended Complaint consisted of 79 pages of allegations.
On April 3, 2018, following the Court’s dismissal of his First Amended Complaint, Harry again
amended his complaint (the “Second Amended Complaint”), this time with leave of the Court.1 Harry’s
Second Amended Complaint consisted of 89 pages of allegations.

16
17
18
19
20

Plaintiff Bright Harry (“Harry”) commenced this action on April 26, 2017, through the

2.

The contemptuous conduct reflected in the referenced complaints merely foreshadowed

Harry’s bad faith and vexatious actions that would follow. Following receipt of his First Amended
Complaint, Wedbush served Harry on August 3, 2017, with a Rule 11 Notice, wherein Wedbush
demanded that Harry dismiss his action against Wedbush.
3.

21

Not only did Harry ignore the Rule 11 Notice served on him, Harry actively assisted

22

Ronald Draper (“Draper”) in drafting and filing a separate action on April 27, 2018, against the identical

23

defendants that were named in this action (Docket No. 18-cv-02524).

24

4.

25

pending motions.

26

5.

On August 27, 2018, the Court dismissed Harry’s (and Draper’s) Complaints and all

Wedbush intends to file a Rule 11 Motion for Sanctions against plaintiff Bright Harry for

27
28

1

Harry titled his Second Amended Complaint as “First Amended Complaint.” To eliminate confusion, the title
“Second Amended Complaint” will be used in this Motion.

2
DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR
EXTENSION OF TIME TO FILE MOTION FOR SANCTIONS

1

the recovery of attorneys’ fees and costs incurred in this action , and requests 30 days to file its Motion

2

for Sanctions and supporting documents.

3
4
5
6

CONCLUSION
For the foregoing reasons, KCG Americas LLC, Daniel B. Coleman, Carl Gilmore, Greg
Hostetler, Main Street Trading, Inc., Patrick J. Flynn, Edward W. Wedbush and Wedbush Securities Inc,

7

respectfully request the entry of an order allowing Wedbush 30 days, or until on or before September

8

28, 2018, to file their Motion for Sanctions and supporting documents, and for such further relief that

9

the Court finds necessary under the circumstances.

10
DATED: August 29, 2018
By:__/s/ Robert B. Christie
Robert B. Christie

12
13

Attorneys for Defendants
KCG Americas LLC,
Daniel B. Coleman,
Carl Gilmore,
Greg Hostetler,
Main Street Trading, Inc.,
Patrick J. Flynn,
Edward W. Wedbush and
Wedbush Securities Inc.
S DISTRIC

15
16
17
S

25

Ju

ER

y wo o d
d ge H a

H

24

RT

23

NO

22

D

DENIE

S. Gillia

m Jr.

LI

21

DATED: 8/30/2018

TC

A

20

UNIT
ED

19

E
AT
T

RT
U
O

18

R NIA

14

FO

11

N

F
D IS T IC T O
R

C

26
27
28
3
DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR
EXTENSION OF TIME TO FILE MOTION FOR SANCTIONS