Securities Investor Protection Corporation v. TWS Financial, LLC

Filing 24

ORDER denying 23 Motion to Compel: For the reasons set forth in the attached Memorandum and Order, the proper court in which to bring the instant application is the United States Bankruptcy Court for the Eastern District of New York. The Clerk of the Court is respectfully requested to mail a copy of this order to movants at the addresses listed below: Mark Wesley 608 Circle Trace Rd. Monroe, NC 28110; James Avola 6808 Rollingridge Dr. Charlotte, NC 28211; George Simon 2299 NW 4th Ave. Boca Raton, FL 33431. Ordered by Judge Roslynn R. Mauskopf on 8/12/2013. (Mauskopf, Roslynn)

Securities Investor Protection Corporation v. TWS Financial, LLC

Doc. 24

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SECURITIES INVESTOR PROTECTION
CORPORATION,
MEMORANDUM AND ORDER
13-CV-3028 (RRM)

Plaintiff,
- against TWS FINANCIAL, LLC,
Defendant.
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ROSLYNN R. MAUSKOPF, United States District Judge.

Movants Mark Wesley, James Avola, and George Simon, appearing pro se, seek relief
from an automatic stay, entered in this case on May 31, 2013, barring the “commencement or
continuation . . . of a judicial, administrative or other proceeding against the Defendant,” TWS
Financial, LLC. (See Stay Order (Doc. No. 20) at 2.) From their papers, movants appear to be
involved in an arbitration proceeding against TWS Financial and others, commenced before
FINRA in or about December 2012. Movants allege that the stay order has prevented movants
from obtaining necessary discovery in, and otherwise proceeding with, the FINRA proceeding.
Movants’ request (Doc. No. 23) is made in the wrong court. This Court’s order
instituting the stay also provides that, “pursuant to 15 U.S.C. § 78eee(b)(4), this liquidation
proceeding is removed to the United States Bankruptcy Court for the Eastern District of New
York. (Stay Order at 5.)1 As such, the proper venue to request relief from the stay is the
bankruptcy court. Indeed, movants themselves seem to acknowledge that the bankruptcy court is
the proper venue for the relief they seek, as the caption on their motion, filed here, states, “IN
THE UNITED STATES BANKRUPTCY COURT / EASTERN DISTRICT OF NEW YORK.”

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The matter is now pending in that court, under Case Number 1-13-01152-ess.

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Dockets.Justia.com

For these reasons, the Court denies movants’ application. The Clerk of the Court is
respectfully requested to mail a copy of this order to movants at the addresses listed below:
Mark Wesley
608 Circle Trace Rd.
Monroe, NC 28110

James Avola
6808 Rollingridge Dr.
Charlotte, NC 28211

George Simon
2299 NW 4th Ave.
Boca Raton, FL 33431

SO ORDERED.

Roslynn R. Mauskopf

Dated: Brooklyn, New York
August12, 2013

____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge

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