Harry v. KCG Americas LLC et al
Filing
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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)
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JEFFRY HENDERSON (pro hac vice)
hendersonj@gtlaw.com
ROBERT CHRISTIE (pro hac vice)
christier@gtlaw.com
KATHARINE L. MALONE (SBN: 290884)
malonek@gtlaw.com
GREENBERG TRAURIG, LLP
Four Embarcadero Center, Suite 3000
San Francisco, CA 94111
Telephone: (415) 655-1300
Facsimile: (415) 707-2010
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.
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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BRIGHT HARRY,
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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
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DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR
EXTENSION OF TIME TO FILE MOTION FOR SANCTIONS
CHI 69513110v2
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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that Defendants KCG Americas LLC, Daniel B. Coleman, Carl
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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
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By:__/s/ Robert B. Christie______
Robert B. Christie
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One of Defendants’ Attorneys
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KCG Americas LLC,
Daniel B. Coleman,
Carl Gilmore,
Greg Hostetler,
Main Street Trading, Inc.,
Patrick J. Flynn,
Edward W. Wedbush and
Wedbush Securities Inc.
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DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR
EXTENSION OF TIME TO FILE MOTION FOR SANCTIONS
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MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR SANCTIONS
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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:
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MEMORANDUM OF POINTS AND AUTHORITIES
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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.
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Plaintiff Bright Harry (“Harry”) commenced this action on April 26, 2017, through the
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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.
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Not only did Harry ignore the Rule 11 Notice served on him, Harry actively assisted
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Ronald Draper (“Draper”) in drafting and filing a separate action on April 27, 2018, against the identical
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defendants that were named in this action (Docket No. 18-cv-02524).
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4.
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pending motions.
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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
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Harry titled his Second Amended Complaint as “First Amended Complaint.” To eliminate confusion, the title
“Second Amended Complaint” will be used in this Motion.
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DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR
EXTENSION OF TIME TO FILE MOTION FOR SANCTIONS
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the recovery of attorneys’ fees and costs incurred in this action , and requests 30 days to file its Motion
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for Sanctions and supporting documents.
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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,
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respectfully request the entry of an order allowing Wedbush 30 days, or until on or before September
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28, 2018, to file their Motion for Sanctions and supporting documents, and for such further relief that
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the Court finds necessary under the circumstances.
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DATED: August 29, 2018
By:__/s/ Robert B. Christie
Robert B. Christie
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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
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DENIE
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DATED: 8/30/2018
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DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR
EXTENSION OF TIME TO FILE MOTION FOR SANCTIONS
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