DOUGHERTY et al v. VFG, LLC et al

Filing 51

ORDER THAT CETERAS 16 MOTION FOR RECONSIDERATION IS GRANTED; THE ORDER ENTERED BY THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA ON MARCH 28, 2014, DENYING THE REQUEST FOR ARBITRATION, IS VACATED; CETERA AND DEFENDANT JOHN T. OATES, JR. SHALL PROCEED TO ARBITRATION WITH PLAINTIFFS, CONDUCTED IN ACCORDANCE WITH APPLICABLE FINRA RULES, TO RESOLVE THE CLAIMS ASSERTED BY PLAINTIFFS AGAINST THEM; PLAINTIFFS, CETERA, AND OATES SHALL SCHEDULE THE ARBITRATION TO OCCUR WITHIN A REASONABLE TIME AFTER ENTRY OF THIS ORDER. COUNSEL FOR PLAINTIFFS SHALL ADVISE THIS COURT IN WRITING REGARDING THE STATUS OF THIS MATTER IMMEDIATELY UPON THE RESOLUTION OF THE ARBITRATION PROCEEDINGS; OATES MOTION TO DISMISS (ECF NO. 35 ) IS DISMISSED AS MOOT ; THE FDIC-RECEIVERS MOTION TO DISMISS (ECF NO. 36 ) IS DENIED, WITHOUT PREJUDICE, TO BE RE-FILED IF APPROPRIATE AFTER THE CONCLUSION OF THE ARBITRATION BETWEEN PLAINTIFFS, CETERA, AND OATES; THE CLERK SHALL PLACE THIS MATTER IN CIVIL SUSPENSE PENDING RESOLUTION OF THE ARBITRATION BETWEEN PLAINTIFFS, CETERA, AND OATES. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 7/28/15. 7/28/15 FAXED BY CHAMBERS. 7/29/15 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EDWARD J. DOUGHERTY and
HENRIETTA D’AGOSTINO
v.
VFG, LLC f/k/a VOYAGER FINANICAL
GROUP, LLC, ET AL.

:
:
:
:
:
:
:

CIVIL ACTION
NO. 14-2262

ORDER
AND NOW, this

28th day of July, 2015, upon consideration of the Motion for

Reconsideration filed by Defendant, Cetera Financial Specialists, LLC, as successor by merger
to Genworth Financial Securities Corporation (“Cetera”) (ECF No. 16), and all papers submitted
in support thereof and in opposition thereto, it is ORDERED as follows:
1.

Cetera’s Motion for Reconsideration is GRANTED;

2.

The Order entered by the Court of Common Pleas of Bucks County, Pennsylvania

on March 28, 2014, denying the request for arbitration, is VACATED;
3.

Cetera and Defendant John T. Oates, Jr. shall proceed to arbitration with

Plaintiffs, conducted in accordance with applicable FINRA Rules, to resolve the claims asserted
by Plaintiffs’ against them;
4.

Plaintiffs, Cetera, and Oates shall schedule the arbitration to occur within a

reasonable time after entry of this Order. Counsel for Plaintiffs shall advise this Court in writing
regarding the status of this matter immediately upon the resolution of the arbitration proceedings;
5.

Oates’ Motion to Dismiss (ECF No. 35) is DISMISSED as moot;

6.

The FDIC-Receiver’s Motion to Dismiss (ECF No. 36) is DENIED, without

prejudice, to be re-filed if appropriate after the conclusion of the arbitration between Plaintiffs,
Cetera, and Oates;
7.

The Clerk shall place this matter in CIVIL SUSPENSE pending resolution of the

arbitration between Plaintiffs, Cetera, and Oates.
IT IS SO ORDERED.
BY THE COURT:

R. BARCLAY SURRICK, J.

2