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Chronology of FINRA Arbitration Against TD Ameritrade Chronology of Court Case Against TD Ameritrade
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here to add this page to your favorites folder! Laurent J. LaBrie v. TDAmeritradeLaurent J. La Brie In the District
Court of Maryland MEMORANDUM IN SUPPORT OF MOTION TO RESCHEDULE CASE FOR TRIAL1.Defendant, in its Memorandum in Support of Defendant's Opposition to Plaintiff's Motion to Reschedule Case for Trial, filed on or about December 3, 2010 represents to the Court that Defendant was unaware that the Court had conditioned its stay on TDA's beginning arbitration by November 1, 2010 and that Defendant was not able to comply with the Court's ruling. In that Memorandum, Defendant states, "On August 27, 2010, this Court granted TDA's Motion to Compel Arbitration." 2.The Court ruling clearly stated that the motion that was granted was that of the Plaintiff. 3.Mr. La Brie is the named Plaintiff in this case. Defendant had been sent a copy of the clearly referenced Motion which stated "Laurent J. La Brie, hereby submits this statement of his non objection to allowing arbitration to proceed and to resolution of this matter by arbitration rather than by lawsuit and to stay this litigation for a 60 day period ending November 1, 2010 but this non objection is conditioned on Defendant, within said 60 days, presenting to Plaintiff a confirmation from FINRA that FINRA has received the Claim for the $15,173.94 (and any further financial claims the Defendant has against the Plaintiff) which Plaintiff asserts is due to Plaintiff from the described transactions Defendant executed on behalf of Plaintiff." 4.On or about September 1, 2010, Hollie Mason, Associate Counsel for the Defendant, understood the ruling of the Court and called the Plaintiff to cite her disagreement with said ruling. Plaintiff explained that Defendant should address her issue to the Court directly as is provided by Maryland Rules 3-534 and 3-535. 5.In Defendant's letter to Plaintiff dated September 2, 2010, Ms. Mason stated, "We are in receipt of the Court Order granting your request to stay this matter and proceed to arbitration." She also wrote, "TD Ameritrade cannot initiate the arbitration." (See Exhibit A) Since representatives of both parties understood the Court's Order and the condition under which the Plaintiff's motion was made, it is unlikely that Defendant's professional legal counsel did not understand said ruling. 6.Defendant, in its Memorandum to the Court dated December 3, 2010, claims "TDA cannot file an arbitration claim against itself." Since the Defendant failed to bring this objection to the court within the time period allotted by Rules 3-534 and 3-535, Plaintiff requests that the Court disallow Defendant's objection as being untimely. 7.If Defendant believes itself unable to bring disputes to FINRA for arbitration, Defendant should not have written in their Account Agreement that Defendant would do so. It is a further demonstration of lack of good faith that the Defendant wrote and electronically signed an Agreement with the Plaintiff while having full knowledge that Defendant could not fulfill said Agreement. 8.NOW, THEREFORE Plaintiff respectfully repeats its request that the Court lift the stay and grant the Plaintiff a new trial date. ________________________________ I HEREBY CERTIFY that on this 7th day of December, 2010, a copy
of the foregoing MEMORANDUM IN SUPPORT OF MOTION TO RESCHEDULE
CASE FOR TRIAL was mailed, first class, postage prepaid to: ________________________________ Chronology of Court Case Against TD Ameritrade
Chronology of FINRA Arbitration Against TD Ameritrade Chronology of Court Case Against TD Ameritrade See stories of TDAmeritrade misappropriating funds from other investors: |
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