Citizens Bank, N.A. et al v. Magleby
| New York Southern District Court | |
| Judge: | Alvin K Hellerstein |
| Case #: | 1:24-cv-04827 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 9:9 Motion to Confirm Arbitration Award |
| Case Filed: | Jun 25, 2024 |
| Terminated: | Jan 06, 2025 |
| Last checked: Sunday Dec 22, 2024 5:28 AM EST |
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Petitioner
Citizens Bank, N.A.
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Represented By
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Petitioner
Citizens Capital Markets, Inc.
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Represented By
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Petitioner
Citizens Financial Group, Inc.
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Represented By
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Petitioner
Donald H. McCree
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Represented By
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Petitioner
Theodore C. Swimmer
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Represented By
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Respondent
Curtis C. Magleby
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Represented By
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| Docket last updated: 05/05/2025 11:59 PM EDT |
| Friday, January 17, 2025 | ||
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misc
Received Acknowledgment (Electronic Case Transfer)
Fri 01/17 1:57 PM
Received e-mail from the United States District Court - District of Nevada acknowledging receipt of transferred case. Assigned Case Number: 2:25-cv-00108, filed on 01/17/2025. (vba) |
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| Monday, January 06, 2025 | ||
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5
pgs
order
Memorandum & Opinion
Mon 01/06 5:58 PM
ORDER AND OPINION GRANTING MOTION TO TRANSFER VENUE For the aforementioned reasons, this case is transferred to the United States District Court for the District of Nevada. The Clerk is directed to transfer the case, Citizens Bank, NA. et al v. Magleby, 24-CV-04827, to that District. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/6/2025) (jca) Modified on 1/6/2025 (jca) |
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misc
Transmission to Office of the Clerk of Court
Mon 01/06 6:00 PM
Transmission to Office of the Clerk of Court. Transmitted re:20 Memorandum & Opinion, to the Office of the Clerk of Court for processing. (jca) |
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transfer
Case Transferred Out - District Transfer
Tue 01/14 7:14 PM
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Nevada.(jca) |
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| Tuesday, November 26, 2024 | ||
| 19 | 19
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pgs
order
Order on Motion to Appear Pro Hac Vice
Tue 11/26 4:04 PM
ORDER FOR ADMISSION PRO HAC VICE granting18 Motion for ILLYSSA I. FOGEL to Appear Pro Hac Vice. The motion of Illyssa I. Fogel for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 11/26/24) (yv) |
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| Monday, November 25, 2024 | ||
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misc
Notice Regarding Pro Hac Vice Motion
Mon 11/25 10:49 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for ILLYSSA I. FOGEL to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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| Saturday, November 23, 2024 | ||
| 18 | 18
motion
Appear Pro Hac Vice
Sat 11/23 4:54 PM
MOTION for ILLYSSA I. FOGEL to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Curtis C. Magleby..(Fogel, Illyssa) |
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| Wednesday, November 13, 2024 | ||
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order
Scheduling Order
Wed 11/13 11:57 AM
SCHEDULING ORDER: The conference scheduled for November 15, 2024 is adjourned to January 10, 2025 at 10:00 a.m. and will be held via the following call-in number: Call-in number: 646-453-4442,Access code: 944 760 008#. Finally, no later than January 7, 2025, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. (Telephone Conference set for 1/10/2025 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/13/24) (yv) |
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| Tuesday, November 12, 2024 | ||
| 16 | 16
respm
Declaration in Opposition to Motion
Tue 11/12 7:45 PM
DECLARATION of Gaurav K. Talwar in Opposition re:13 MOTION to Dismiss Petition for Lack of Venue .. Document filed by Citizens Bank, N.A., Citizens Financial Group, Inc., Citizens Capital Markets, Inc., Theodore C. Swimmer, Donald H. McCree..(Talwar, Gaurav) |
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Att: 1
Exhibit A - Notice of Removal of Petition to Bankruptcy Court, July 25, 2024,
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Att: 2
Exhibit B - Bankruptcy Court's Order to Show Cause to Strike Notice of Removal, July 25, 2024,
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Att: 3
Exhibit C - Respondent's Response to Bankruptcy Court's Order to Show Cause, August 13, 2024,
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Att: 4
Exhibit D - Petitioners' Response to Bankruptcy Court's Order to Show Cause, August 20, 2024,
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Att: 5
Exhibit E - Bankruptcy Court's Order Striking the Notice of Removal and Remanding Petition to Southern District of New York, August 28, 2024,
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Att: 6
Exhibit F - Email Communications with Arbitrator Adjourning May 31, 2024 Hearing on Summary Judgment Motion,
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Att: 7
Exhibit G - June 12, 2024 Zoom Hearing on Petitioners' Motion for Summary Judgment in Arbitration,
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Att: 8
Exhibit H - Email Communications with Arbitrator regarding Briefing Schedule for Motion for Summary Judgment,
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Att: 9
Exhibit I - Respondent's Letter Demand for Arbitration regarding RSU Agreement, October 23, 2024
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| 15 | 15
11
pgs
respm
Memorandum of Law in Opposition to Motion
Tue 11/12 7:36 PM
MEMORANDUM OF LAW in Opposition re:13 MOTION to Dismiss Petition for Lack of Venue . and in Further Support of Petition to Confirm Arbitration Award . Document filed by Citizens Bank, N.A., Citizens Financial Group, Inc., Citizens Capital Markets, Inc., Theodore C. Swimmer, Donald H. McCree..(Talwar, Gaurav) |
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| Friday, November 01, 2024 | ||
| 14 | 14
motion
Appear Pro Hac Vice
Fri 11/01 1:30 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for ILLYSSA I. FOGEL to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30129562. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Curtis C. Magleby..(Fogel, Illyssa) Modified on 11/1/2024 (rju) |
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Fri 11/01 2:17 PM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 14 MOTION for ILLYSSA I. FOGEL to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30129562. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; Supreme Court of Nevada;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (rju) |
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| Tuesday, October 29, 2024 | ||
| 13 | 13
motion
Dismiss
Tue 10/29 5:50 PM
MOTION to Dismiss Petition for Lack of Venue . Document filed by Curtis C. Magleby..(Fogel, Illyssa) |
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Att: 1
Exhibit All Docs Attached to Declaration
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| Tuesday, September 24, 2024 | ||
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order
Scheduling Order
Tue 09/24 3:19 PM
SCHEDULING ORDER: The parties are hereby ordered to appear for a status conference on November 15, 2024, at 10:00 a.m., which will be held via the following call-in number: Call-in number: 646-453-4442, Access code: 400 847 450# Finally, no later than November 12, 2024 at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 11/15/2024 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/24/24) (yv) |
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| Wednesday, September 04, 2024 | ||
| 11 | 11
service
Waiver of Service Executed
Wed 09/04 1:07 PM
WAIVER OF SERVICE RETURNED EXECUTED. Curtis C. Magleby waiver sent on 8/30/2024, answer due 10/29/2024. Document filed by Theodore C. Swimmer; Citizens Bank, N.A.; Citizens Capital Markets, Inc.; Citizens Financial Group, Inc.; Donald H. McCree..(Talwar, Gaurav) |
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| Thursday, July 25, 2024 | ||
| 10 | 10
notice
Notice (Other)
Thu 07/25 3:13 PM
NOTICE of Amended Notice of Notice of Removal. Document filed by Curtis C. Magleby..(Fogel, Illyssa) |
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Att: 1
Exhibit to CA Removal (Adversary) - All Documents Filed in New York - Part 1,
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Att: 2
Exhibit to CA Removal (Adversary ) - All Documents Filed in New York - Part 2
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notice
Notice (Other)
Thu 07/25 12:26 PM
NOTICE of Notice of Removal of Action Pending in USDC SDNY to USBC CBCA. Document filed by Curtis C. Magleby..(Fogel, Illyssa) |
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| Wednesday, June 26, 2024 | ||
| 8 | 8
service
Summons Issued
Wed 06/26 10:01 AM
ELECTRONIC SUMMONS ISSUED as to Curtis C. Magleby..(pc) |
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notice
Case Opening Initial Assignment Notice
Wed 06/26 9:59 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Wed 06/26 9:59 AM
Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) |
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utility
Case Designated ECF
Wed 06/26 9:59 AM
Case Designated ECF. (pc) |
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| Tuesday, June 25, 2024 | ||
| 7 | 7
notice
Notice of Appearance
Tue 06/25 3:19 PM
NOTICE OF APPEARANCE by Gaurav K Talwar on behalf of Citizens Bank, N.A., Citizens Capital Markets, Inc., Citizens Financial Group, Inc., Donald H. McCree, Theodore C. Swimmer..(Talwar, Gaurav) |
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misc
Rule 7.1 Corporate Disclosure Statement
Tue 06/25 3:17 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citizens Financial Group, Inc. for Citizens Bank, N.A., Citizens Capital Markets, Inc.; Other Affiliate The Vanguard Group, Inc., Other Affiliate BlackRock, Inc. for Citizens Financial Group, Inc.. Document filed by Citizens Bank, N.A., Citizens Capital Markets, Inc., Citizens Financial Group, Inc., Donald H. McCree, Theodore C. Swimmer..(Melnick, Andrew) |
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| 5 | 5
service
Request for Issuance of Summons
Tue 06/25 2:31 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Curtis C. Magleby, re:1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Citizens Bank, N.A., Citizens Capital Markets, Inc., Citizens Financial Group, Inc., Donald H. McCree, Theodore C. Swimmer..(Melnick, Andrew) |
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| 4 | 4
misc
Civil Cover Sheet
Tue 06/25 2:21 PM
CIVIL COVER SHEET filed..(Melnick, Andrew) |
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| 3 | 3
respoth
Declaration in Support (non-motion)
Tue 06/25 2:18 PM
DECLARATION of Gaurav K. Talwar in Support re:1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Citizens Bank, N.A., Citizens Capital Markets, Inc., Citizens Financial Group, Inc., Donald H. McCree, Theodore C. Swimmer..(Talwar, Gaurav) |
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Att: 1
Exhibit 1 - Arbitration Award,
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Att: 2
Exhibit 2 - Statement of Claim with Exhibits,
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Att: 3
Exhibit 3 - Mutual Agreement to Arbitrate,
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Att: 4
Exhibit 4 - AAA letter dated 11/1/2022,
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Att: 5
Exhibit 5 - Appointment of Hon. Amy Hogue (Ret.) and Oath of Arbitrator,
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Att: 6
Exhibit 6 - 1/4/2023 Case Management Order,
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Att: 7
Exhibit 7 - Hogue's Ruling on Respondents Motion to Dismiss, dated 3/2/2023,
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Att: 8
Exhibit 8 - First Amended Statement of Claim with Exhibits,
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Att: 9
Exhibit 9 - Petitioners Answer to Claimants First Amended Statement of Claim,
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Att: 10
Exhibit 10 - January 4, 2024 stipulation regarding discovery schedule,
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Att: 11
Exhibit 11 - March 21, 2024 stipulation between all Parties regarding an extension of the discovery schedule and a summary judgment schedule,
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Att: 12
Exhibit 12 - Arbitrator's Order Re Discovery Conf. and Briefing Schedule for Dispositive Motion,
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Att: 13
Exhibit 13 - May 10, 2024 email from counsel for Petitioners to Arbitrator Hogue
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| 2 | 2
8
pgs
respoth
Memorandum of Law in Support (non-motion)
Tue 06/25 2:03 PM
MEMORANDUM OF LAW in Support re:1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, . Document filed by Citizens Bank, N.A., Citizens Capital Markets, Inc., Citizens Financial Group, Inc., Donald H. McCree, Theodore C. Swimmer..(Melnick, Andrew) |
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| 1 | 1
9
pgs
cmp
Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration
Tue 06/25 2:01 PM
PETITION TO Confirm ARBITRATION. (Filing Fee $ 405.00, Receipt Number ANYSDC-29529631).Document filed by Theodore C. Swimmer, Citizens Bank, N.A., Citizens Capital Markets, Inc., Citizens Financial Group, Inc., Donald H. McCree..(Melnick, Andrew) |
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Att: 1
Exhibit - Notice of Petition
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