Ferguson et al v. Ruane Cuniff & Goldfarb Inc. et al
Filing
318
ORDER: The Court denies DST's request for a temporary restraining order. The Arbitration Claimants are ordered to show cause why a preliminary injunction should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the Arbitration Claimants from instituting new actions or litigating in arbitration or other proceedings against the DST Defendants regarding matters arising out of or relating to the facts or transactions alleged in the amended complaint. The Arbitration Claimants shall submit a response to the application, in writing, by September 21, 2021. Any response by the DST Defendants shall be submitted by October 12, 2021. The Parties shall be sure to address what, if any, application judicial estoppel should have on this application. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/31/2021) (rj)
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Case 1:17-cv-06685-ALC-BCM Document 318 Filed 08/31/21 Page 1 of 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
August 31, 2021
MICHAEL L. FERGUSON ET AL,
Plaintiffs,
17-CV-6685 (ALC)
-againstRUANE CUNIFF & GOLDFARB INC.,
ORDER
Defendants.
ANDREW L. CARTER, JR., United States District Judge:
The Court denies DST’s request for a temporary restraining order. The Arbitration Claimants
are ordered to show cause why a preliminary injunction should not be issued pursuant to Rule 65
of the Federal Rules of Civil Procedure enjoining the Arbitration Claimants from instituting new
actions or litigating in arbitration or other proceedings against the DST Defendants regarding
matters arising out of or relating to the facts or transactions alleged in the amended complaint.
The Arbitration Claimants shall submit a response to the application, in writing, by September
21, 2021. Any response by the DST Defendants shall be submitted by October 12, 2021. The
Parties shall be sure to address what, if any, application judicial estoppel should have on this
application.
SO ORDERED.
Dated: August 31, 2021
New York, New York
___________________________________
ANDREW L. CARTER, JR.
United States District Judge
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