New York Southern District Court
Judge:Paul A Engelmayer
Referred: Henry J Ricardo
Case #: 1:25-cv-01208
Nature of Suit190 Contract - Other Contract
Cause28:1332bc Diversity-Breach of Contract
Case Filed:Feb 10, 2025
Last checked: Friday Mar 28, 2025 6:23 AM EDT
Defendant
Eaton Vance Management International LTD.
Defendant
Morgan Stanley & Co. International PLC
Plaintiff
Habib Miah


Docket last updated: 2 hours ago
Friday, May 09, 2025
44 44 respoth Response (non-motion) Mon 05/12 2:29 PM
PLAINTIFF'S OPPOSITION TO DEFENDANTS' REPLY (ECF NO. 41). Document filed by Habib Miah. (tro)
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43 43 respoth Response (non-motion) Mon 05/12 2:23 PM
PLAINTIFF'S COUNTER TO DEFENDANTS' REPLY (ECF NO. 42) IN OPPOSITION TO MOTION TO DISMISS AND MOTION TO STAY DISCOVERY re:42 Reply Memorandum of Law in Support of Motion. Document filed by Habib Miah. (tro)
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42 42 respm Reply Memorandum of Law in Support of Motion Fri 05/09 3:44 PM
REPLY MEMORANDUM OF LAW in Support re:30 MOTION to Dismiss . . Document filed by Eaton Vance Management International LTD., Morgan Stanley & Co. International PLC..(Hale, Ashley)
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40 40 5 pgs order Order on Motion to Seal Fri 05/09 3:20 PM
ORDER denying without prejudice37 Motion to Seal. For the reasons stated above, Plaintiff's Motion at ECF No. 37 is DENIED without prejudice to a renewed motion that addresses the points made in this Order. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 37 as DENIED, and to mail a copy of this order to the prose Plaintiff. SO ORDERED. (Signed by Magistrate Judge Henry J Ricardo on 5/9/2025) (sgz)
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misc Notice Regarding Deleted Document Fri 05/09 4:47 PM
***DELETED DOCUMENT. Deleted document number 41 ORDER. The document was incorrectly filed in this case. (rdz)
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Wednesday, May 07, 2025
39 39 motion Reconsideration Wed 05/07 4:48 PM
MOTION FOR RECONSIDERATION, CLARIFICATION, AND OPPORTUNITY TO RESPOND TO THE COURT'S ORDER (ECF No. 36). Document filed by Habib Miah. (mml)
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37 37 motion Seal Wed 05/07 1:35 PM
MOTION TO SEAL OR REDACT PERSONAL ADDRESS FROM DOCKET ENTRY NO. 35. Document filed by Habib Miah..(ks)
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Tuesday, May 06, 2025
38 38 motion Miscellaneous Relief Wed 05/07 4:05 PM
PLAINTIFF'S MOTION FOR JUDICIAL REVIEW OF DEFENSE COUNSEL'S SERVICE CONDUCT AND POTENTIAL ABUSE OF PROCEDURE. Document filed by Habib Miah..(tg)
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Att: 1 Exhibit Exhibit 1
36 36 6 pgs order Order on Motion for Extension of Time Order on Motion for Reconsideration Order on Motion to Compel Order on Motion for Mediation Order on Motion for Miscellaneous Relief Tue 05/06 12:15 PM
ORDER granting in part and denying in part29 Motion for Extension of Time; denying17 Motion for Reconsideration ; denying18 Motion to Compel; denying without prejudice to renewal by formal motion19 Motion for Mediation; denying as moot20 Motion TO INITIATE MULTIDISTRICT COORDINATION, PRESERVE MASSACHUSETTS COURT INVOLVEMENT, AND ORDER SUMMONS TO COMPLETE SERVICE ; denying21 Motion ; denying as moot22 Motion ; denying23 Motion ; denying as moot24 Motion ; denying as moot25 Motion OPPOSING DEFENDANTS DILATORY LITIGATION TACTICS AND FOR COORDINATED CASE MANAGEMENT AND RELIEF. For the reasons stated above, Plaintiff's motions are denied. The Clerk of Court is respectfully directed to terminate each of the motions at ECF Nos. 17, 18, 19, 20, 21, 22, 23, 24, and 25 as DENIED. Additionally, as this Order resolves all of Plaintiff's pre-answer motions in this action, Defendants' Letter Motion at ECF No. 29 is GRANTED IN PART and DENIED IN PART, and the Clerk of Court is directed to terminate it as such. The Clerk of Court is further directed to mail a copy of this order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Henry J Ricardo on 5/6/25) (yv)
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Monday, May 05, 2025
35 35 respoth Affirmation (non-motion) Mon 05/05 1:32 PM
AFFIRMATION of Ashley J. Hale Affirmation of Service . Document filed by Eaton Vance Management International LTD., Morgan Stanley & Co. International PLC..(Hale, Ashley)
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34 34 motion Sanctions Mon 05/05 12:23 PM
PLAINTIFF'S COUNTER-MOTION FOR SANCTIONS for Sanctions. Document filed by Habib Miah..(ks)
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33 33 respm Response in Opposition to Motion Mon 05/05 12:18 PM
LETTER RESPONSE PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND REQUEST FOR LIMITED DISCOVERY to Motion addressed to Magistrate Judge Henry J. Ricardo from Habib Miah dated May 2, 2025 re:30 MOTION to Dismiss .. Document filed by Habib Miah..(ks)
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32 32 order Amended Order Referring Case to Magistrate Judge Mon 05/05 11:34 AM
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation): Motion to Dismiss Dkt. 30. Referred to Magistrate Judge Henry J Ricardo. Motions referred to Henry J Ricardo. (Signed by Judge Paul A. Engelmayer on 5/5/2025) (tg)
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Friday, May 02, 2025
31 31 30+ pgs respm Memorandum of Law in Support of Motion Fri 05/02 3:48 PM
MEMORANDUM OF LAW in Support re:30 MOTION to Dismiss . . Document filed by Eaton Vance Management International LTD., Morgan Stanley & Co. International PLC..(Shaulson, Sam)
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30 30 motion Dismiss Fri 05/02 3:47 PM
MOTION to Dismiss . Document filed by Eaton Vance Management International LTD., Morgan Stanley & Co. International PLC..(Shaulson, Sam)
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29 29 motion Extension of Time Fri 05/02 3:44 PM
LETTER MOTION for Extension of Time or Deny Plaintiff's Motions addressed to Magistrate Judge Henry J. Ricardo from Ashley J. Hale dated May 2, 2025. Document filed by Eaton Vance Management International LTD., Morgan Stanley & Co. International PLC..(Hale, Ashley)
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28 28 notice Notice of Appearance Fri 05/02 1:54 PM
NOTICE OF APPEARANCE by Ashley Jean Hale on behalf of Eaton Vance Management International LTD., Morgan Stanley & Co. International PLC..(Hale, Ashley)
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27 27 misc Rule 7.1 Corporate Disclosure Statement Fri 05/02 1:52 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MORGAN STANLEY & CO, Corporate Parent Morgan Stanley International Holdings Inc. for Eaton Vance Management International LTD., Morgan Stanley & Co. International PLC. Document filed by Eaton Vance Management International LTD., Morgan Stanley & Co. International PLC..(Shaulson, Sam)
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26 26 notice Notice of Appearance Fri 05/02 1:00 PM
NOTICE OF APPEARANCE by Sam Scott Shaulson on behalf of Eaton Vance Management International LTD., Morgan Stanley & Co. International PLC..(Shaulson, Sam)
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Saturday, April 26, 2025
23 23 motion Miscellaneous Relief Tue 04/29 11:23 AM
PLAINTIFF'S MOTION TO IDENTIFY CRITICAL WITNESSES AND PRESERVE TESTIMONY. Document filed by Habib Miah.(tro)
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Friday, April 25, 2025
25 25 motion Miscellaneous Relief Tue 04/29 12:00 PM
JOINT MOTION OPPOSING DEFENDANTS DILATORY LITIGATION TACTICS AND FOR COORDINATED CASE MANAGEMENT AND RELIEF. Document filed by Habib Miah. (ar)
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24 24 motion Miscellaneous Relief Tue 04/29 11:35 AM
JOINT MOTION FOR INTER-DISTRICT COORDINATION. Document filed by Habib Miah. (ar)
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20 20 motion Miscellaneous Relief Fri 04/25 1:01 PM
MOTION TO INITIATE MULTIDISTRICT COORDINATION, PRESERVE MASSACHUSETTS COURT INVOLVEMENT, AND ORDER SUMMONS TO COMPLETE SERVICE. Document filed by Habib Miah.(yv)
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Thursday, April 24, 2025
22 22 motion Miscellaneous Relief Fri 04/25 4:54 PM
PLAINTIFF'S MOTION TO DIRECT DEFENDANTS TO FILE NOTICE OF APPEARANCE AND CLARIFY REPRESENTATION STATUS. Document filed by Habib Miah.(sgz)
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21 21 motion Miscellaneous Relief Fri 04/25 4:53 PM
PLAINTIFF'S MOTION TO INVITE INTERVENTION OR AMICUS CURIAE PARTICIPATION BY U.S. ATTORNEY GENERAL OR STATE ATTORNEY GENERAL. Document filed by Habib Miah.(sgz)
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19 19 motion Mediation Fri 04/25 10:38 AM
PLAINTIFF'S MOTION TO REFER CASE TO COURT-SPONSORED EARLY MEDIATION PURSUANT TO LOCAL CIVIL RULE 83.9. Document filed by Habib Miah.(tg)
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18 18 motion Compel Fri 04/25 10:35 AM
MOTION TO COMPEL PRELIMINARY OR CASE MANAGEMENT CONFERENCE UNDER RULES 16 AND 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE. Document filed by Habib Miah.(tg)
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17 17 motion Reconsideration Fri 04/25 10:24 AM
OMNIBUS MOTIONS FOR RECONSIDERATION, REMOTE ACCESS, SUBPOENA AUTHORITY, AND RECUSAL. Document filed by Habib Miah.(tg)
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16 16 4 pgs order Order on Motion for Reconsideration Order on Motion for Conference Thu 04/24 12:26 PM
ORDER denying without prejudice to renewal14 Motion for Reconsideration ; denying15 Motion for Conference. For the reasons stated above, Plaintiffs motion for reconsideration is denied without prejudice to renewal upon the Court's scheduling of an in-person conference. Plaintiffs motion for a case management conference, leave to serve subpoenas, and to stay decision on dispositive motions is denied as premature.The Clerk of Court is respectfully directed to terminate each of the motions at ECF Nos. 14 and 15 as DENIED, and to mail a copy of this order to the pro se Plaintiff. (Signed by Magistrate Judge Henry J Ricardo on 4/24/2025) (sgz)
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Wednesday, April 23, 2025
15 15 motion Conference Wed 04/23 3:55 PM
MOTION FOR CASE MANAGEMENT CONFERENCE AND NOTICE OF INTENT TO ISSUE SUBPOENAS. Document filed by Habib Miah.(sgz)
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14 14 motion Reconsideration Wed 04/23 3:54 PM
PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER DENYING MOTION TO APPEAR BY VIDEO (ECF NO. 13) re;13 Order on Motion for Leave to Appear. Document filed by Habib Miah.(sgz)
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13 13 1 pgs order Order on Motion for Leave to Appear Wed 04/23 11:28 AM
ORDER denying without prejudice to renewal4 Motion for Leave to Appear. Because there is no in-court proceeding or trial currently scheduled, Plaintiffs request is DENIED without prejudice to renewal at a later stage with regard to a particular in-person proceeding that may be scheduled. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 4 as DENIED and to mail a copy of this order to the pro se Plaintiff. (Signed by Magistrate Judge Henry J Ricardo on 4/23/2025) (sgz)
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Tuesday, April 22, 2025
12 12 1 pgs order Order Referring Case to Magistrate Judge Tue 04/22 10:00 AM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry J Ricardo. Motions referred to Henry J Ricardo. (Signed by Judge Paul A. Engelmayer on 4/22/2025) (tg)
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Monday, April 21, 2025
notice Notice of Case Assignment/Reassignment Mon 04/21 12:21 PM
NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Mary Kay Vyskocil is no longer assigned to the case. (vba)
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Friday, April 18, 2025
notice Notice of Case Assignment/Reassignment Fri 04/18 4:02 PM
NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Laura Taylor Swain is no longer assigned to the case. (vba)
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utility Case Designation Fri 04/18 4:02 PM
Magistrate Judge Henry J. Ricardo 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] . (vba)
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Thursday, April 17, 2025
misc Pro Se Payment of Fee - Processed Thu 04/17 12:08 PM
Pro Se Payment of Fee Processed: Wire transfer in the amount of $ 405.00 processed by the Finance Department on 4/17/2025, Receipt Number NYSDCLERK25-0109. (cde) Modified on 4/18/2025 (cde)
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Monday, April 07, 2025
11 11 misc Waiver Mon 04/07 3:15 PM
WAIVER re: Service of Summons. Document filed by Eaton Vance Management International LTD., Morgan Stanley & Co. International PLC..(Hale, Ashley)
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Wednesday, March 12, 2025
10 10 2 pgs order Order on Motion for Miscellaneous Relief Order on Motion for Extension of Time Wed 03/19 5:49 PM
ORDER denying8 Motion; granting9 Motion for Extension of Time. The Court denies Plaintiff's motion for alternative payment method (ECF 8). Plaintiff must submit payment by cash, bank check, money order, or certified check. If payment may be made in person at the courthouse, he may submit payment using a major credit card. The Court grants Plaintiff's motion seeking additional time to submit payment (ECF 9). Plaintiff must submit payment within 30 days of the date of this order. The Clerk of Court is directed to terminate these two motions. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/12/2025) (vfr) Transmission to Finance Unit (Cashiers)
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Tuesday, March 11, 2025
9 9 motion Extension of Time Wed 03/12 11:31 AM
MOTION for Extension of Time to submit Court filing fee. Document filed by Habib Miah.(ar)
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Thursday, February 27, 2025
8 8 motion Miscellaneous Relief Mon 03/03 4:01 PM
PLAINTIFF'S MOTION FOR ALTERNATIVE PAYMENT METHOD. Document filed by Habib Miah. (jjc)
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Friday, February 14, 2025
7 7 misc Remark Fri 02/14 6:43 PM
PRO SE STATUS AND REQUEST FOR LENIENCY. Document filed by Habib Miah. (jjc)
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Thursday, February 13, 2025
6 6 3 pgs order Order Directing Payment of Fee or IFP Application Thu 02/13 6:42 PM
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION AND SIGNATURE PAGE: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. Plaintiff is also directed to submit a signed signature page of the complaint. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). Filing Fee due by 3/17/2025. In Forma Pauperis (IFP) Application due by 3/17/2025. (Signed by Judge Laura Taylor Swain on 2/13/25) (asg)
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Att: 1 IFP application,
Att: 2 signature page
notice Notice of Case Assignment/Reassignment - Sua Sponte Thu 02/13 10:56 AM
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba)
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Tuesday, February 11, 2025
5 5 2 pgs order Standing Order re Cases Filed By Pro Se Plaintiffs Tue 02/11 1:52 PM
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 03/18/2024) (sac)
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service Note Regarding Service on Self-Represented Party Tue 02/11 1:51 PM
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information. (sac)
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Monday, February 10, 2025
4 4 3 pgs motion Appear Tue 02/11 1:50 PM
MOTION for an order, granting Leave to Appear Video Conference for all hearings, conferences, and other court proceedings in this matter. The Plaintiff resides in the United Kingdom, making in-person appearances burdensome and financially prohibitive. Document filed by Habib Miah. (sac)
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3 3 2 pgs service Request for Issuance of Summons Tue 02/11 1:48 PM
(NOTICE) REQUEST FOR ISSUANCE OF SUMMONS, re:1 Complaint. Document filed by Habib Miah. (sac)
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Att: 1 Exhibit - Request for Issuance of Summons
2 2 1 pgs misc Civil Cover Sheet Tue 02/11 1:44 PM
CIVIL COVER SHEET filed. (sac)
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1 1 139 pgs cmp Complaint Tue 02/11 1:41 PM
COMPLAINT against Eaton Vance Management International LTD., Morgan Stanley & Co. International PLC. Document filed by Habib Miah. (sac)
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utility Case Designated ECF Tue 02/11 1:44 PM
Case Designated ECF. (sac)
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