TD Ameritrade, Inc. v. Kelley

Filing 44

MEMORANDUM & ORDER: On February 5, 2016, Magistrate Judge Frank Maas issued a Report and Recommendation (R&R) that the Court deny without prejudice petitioner's motion to vacate an arbitral award (Dkt. 24) and respondent's cross-motion for a fairness hearing (Dkt. 33) pending resolution of a motion for reconsideration filed by petitioner in a nearly identical case before U.S. District Judge Neil V. Wake in the District of Arizona, Haviland v. TD Ameritrade Incorporated, No. CV-15-0061 1-PHX-NVW. On February 12, 2016, Judge Wake granted the pending motion for reconsideration (Dkt. 43, Exh. A), and petitioner thereafter objected to the R&R, arguing that Judge Wakes order had rendered the R&R moot (Dkt. 43). As Magistrate Judge Maas anticipated, further briefing will be required in light of Judge Wakes's decision. Accordingly, the Court vacates the R&R dated February 5, 2016, and returns the matter to Magistrate Judge Maas for further proceedings, including such briefing a s he may direct. The Clerk of Court is directed to terminate the pending motions at Docket Nos. 24 and 33 to be reinstated when new briefing is filed in accordance with Magistrate Judge Maass direction. SO ORDERED.. (Signed by Judge Paul A. Crotty on February 23, 2016) (mov)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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TO AMERITRADE, INC.,

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15 Civ. 714 (PAC) (FM)

Petitioner,
MEMORANDUM & ORDER

-againstEDWARD W. KELLEY,

Respondent.

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HONORABLE PAUL A. CROTTY, United States District Judge:
On February 5, 2016, Magistrate Judge Frank Maas issued a Report and
Recommendation (R&R) that the Court deny without prejudice petitioner's motion to vacate an
arbitral award (Dkt. 24) and respondent's cross-motion for a fairness hearing (Dkt. 33) pending
resolution of a motion for reconsideration filed by petitioner in a nearly identical case before
U.S. District Judge Neil V. Wake in the District of Arizona, Haviland v. TD Ameritrade

Incorporated, No. CV-15-00611-PHX-NVW. On February 12, 2016, Judge Wake granted the
pending motion for reconsideration (Dkt. 43, Exh. A), and petitioner thereafter objected to the
R&R, arguing that Judge Wake's order had rendered the R&R moot (Dkt. 43).
As Magistrate Judge Maas anticipated, further briefing will be required in light of Judge
Wakes's decision. Accordingly, the Court vacates the R&R dated February 5, 2016, and returns
the matter to Magistrate Judge Maas for further proceedings, including such briefing as he may
direct.

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. The Clerk of Court is directed to terminate the pending motions at Docket Nos. 24 and 33
to be reinstated when new briefing is filed in accordance with Magistrate Judge Maas' s direction.

Dated: New York, New York
February 23, 2016

SO ORDERED

PAUL A. CROTTY
United States District Judge

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