| Court: | nysd |
| Docket #: | 1:98-cv-08118 |
| Case Name: | Odessky, et al v. GKN Securities Corp., et al |
| PACER case #: | 181366 |
| Date filed: | 1998-11-13 |
| Date terminated: | 1999-01-20 |
| Assigned to: | Judge Lewis A. Kaplan |
| Case Cause: | 15:78m(a) Securities Exchange Act |
| Nature of Suit: | 850 Securities/Commodities |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Yevgeny Odessky Plaintiff |
Yevgeny Odessky Yeveny Odessky |
| Asya Odessky Plaintiff |
Asya Odessky |
| GKN Securities Corp. Defendant |
|
| Dmitry Aranovich Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1998-11-13 | 1 | 0 | COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 330808 (pl) (Entered: 11/16/1998) | |||
| 1998-12-14 | 2 | 0 | Rule 1.9 certificate filed by GKN Securities Corp. (ls) (Entered: 12/16/1998) | |||
| 1998-12-14 | 3 | 0 | NOTICE OF MOTION by GKN Securities Corp.; to dismiss the complt. ; Affdvt. attached; return date not indicated (ls) (Entered: 12/16/1998) | |||
| 1998-12-14 | 4 | 0 | MEMORANDUM by GKN Securities Corp. in support of [3-1] motion to dismiss the complt. (ls) (Entered: 12/16/1998) | |||
| 1999-01-12 | 5 | 0 | ORDER; pltffs seek judgment in the amount of the upaid arbitration award, compensatory damages for excessive markups, punitive damages, and costs. Deft GKN Securities Corp., the brokerage firm deft moves to dismiss the complaint on the ground that it is barrd by the arbitration award. Accordingly, the Court holds that pltffs' 1943 Act claim against GKN was merged in the arbitration award and therefore is foreclosed here. As deft Aranovich by letter has indicated that he joins in GKN's defense, the 1934 Act claim against him is foreclosed as well. There remains pltffs prayer for judgment for the unpaid arbitration award of $650, which may be construed broadly as a request for confirmation of the arbitration award. The Court lacks subject matter jurisdiction over the balance of pltffs' claim ; the action is dismissed in its entirety. Insofar as the complaint purports to assert a claim under the Securities Exchange Act of 1934, the dismissal is on the merits. Insofar as it may be construed to seek confirmation of the arbitration award, the dismissal is for want of subject matter jurisdiction ( signed by Judge Lewis A. Kaplan ); Copies mailed. document sent to Judgment Clerk. (jp) Modified on 01/12/1999 (Entered: 01/12/1999) | |||
| 1999-01-15 | 6 | 0 | ORDER, the Court on its own motion grants reconsideration of deffts' motin to dismiss. However, nothing in plntfs' opposing papers warrants a different result than the Court reached previously. In consequence, the Court adheres to its prior ruling. The action is dismissed. Plntfs' motion for summary judgment as to liability is denied as moot ( signed by Judge Lewis A. Kaplan ); Copies mailed doc sent for jgmnt (cd) (Entered: 01/19/1999) | |||
| 1999-01-16 | 7 | 0 | NOTICE OF MOTION by Yevgeny Odessky; for summary judgment ; and for an order denying defendant's motion to dismiss ; with Plaintiff's rule 3(g) statement attached (ae) (Entered: 01/19/1999) | |||
| 1999-01-20 | 8 | 0 | JUDGMENT; that purs. to the Court's Order dtd. 1/15/99, this action is dismissed and pltffs' motion for summary jdgmt. as to liability is denied as moot; (signed: James M. Parkison, Clerk of the Court); mailed copies and notice of right to appeal; EOD 1/20/99 (ls) (Entered: 01/20/1999) |