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Chronology of My Case Against TD Ameritrade
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Laurent J. LaBrie v. TDAmeritrade
District Court for Baltimore, MD Civil Case #: 0804-0021814-2010
MOTION TO RESCHEDULE CASE FOR TRIAL
1.Plaintiff, Laurent J. La Brie, hereby submits this Memorandum in support of this request that the court now remove its stay of the above proceeding and resume the court proceeding between Plaintiff and Defendant. WHEREAS:
2.On July 19, 2010, Plaintiff initiated this proceeding against Defendant by filing his complaint in this Court. Defendant then requested this Court to stay this court proceeding so that Defendant could submit the matter to arbitration pursuant to a clause unilaterally inserted by Defendant in its form "Customer Agreement" which Defendant asserts applies to Plaintiff's account with Defendant.
3.At Defendant's request and solely in order to facilitate a prompt resolution of the dispute so that Plaintiff could more quickly receive Plaintiff's money from Defendant, Plaintiff acquiesced in writing to Defendant's insistence that under Defendant's form contract a dispute such as this between them be resolved in arbitration, This acquiescence is expressed in his Statement of No Contest to the Arbitration/Statement of No Objection to the Stay stating that Plaintiff would not object to the granting of a stay on condition that the Defendant present documentation by November 1, 2010 demonstrating that Defendant had begun the process of arbitration. This gave the Defendant 60 days to begin the process of arbitration.
4.On August 30, 2010 the Court granted Plaintiff's conditional allowance for arbitration and notified both Plaintiff and Defendant thereof, which provided TD Ameritrade 60 days to file the request for arbitration with FINRA.
5.To the knowledge of Plaintiff, Defendant has not even submitted to FINRA the request for arbitration which is a preliminary prerequisite to start of the arbitration process. THEREFORE:
6.Plaintiff asserts that Defendant has not observed the Court's condition of the temporary stay to allow the arbitration to begin, and by Defendant's lack of good faith Defendant has constructively waived any right that the Defendant's form agreement may give to Defendant to require resolution by arbitration.
7.FURTHER, Plaintiff has been attempting to resolve this matter with Defendant on a mutually satisfactory negotiated basis since March 2009. Defendant apparently may have been simply stalling paying Plaintiff money owed to Plaintiff hoping Defendant would give up its claim and then when Plaintiff stopped talking and started this litigation Defendant suddenly asserted the arbitration demand.
8.ALSO, Plaintiff asserts that the Customer Agreement should apply as much to the Defendant as to the Plaintiff where it states:
"All controversies concerning (a) any transaction, (b) the construction, performance, or breach of this or any other agreement, whether entered into prior to, or after the date of this Agreement, or (c) any other matter which may arise between TD AMERITRADE or Ameritrade Clearing, or their representatives and me shall be determined by arbitration in accordance with the rules of the National Association of Securities Dealers, Inc." (emphasis theirs)
9.Defendant, in March 2009, in additional demonstration of Defendant's lack of good faith, and in violation of aforementioned clause of the Customer Agreement that it signed with the Client unilaterally and unjustly removed Defendant's funds from Defendant's account which forced Plaintiff to start legal proceedings to protect his assets.
10.Defendant continues to violate this clause by failing to bring to arbitration Defendant's claim that Plaintiff owes Defendant $25.82. By this pattern of violating the same clause in the contract that Defendant wishes be applied to the Plaintiff, the Defendant is effectively asserting that the Customer Agreement only be applied when it is in the interest of the Defendant.
11.NOW, THEREFORE Plaintiff respectfully requests that the Court lift the stay and grant the Plaintiff a new trial date without further delay.
________________________________
Laurent J. La Brie
Attachment: Exhibit A: TD Ameritrade Statement of October 31, 2010
________________________________
Laurent J. La Brie
I HEREBY CERTIFY that on this ____ day of November, 2010, a
copy of the foregoing MOTION TO RESCHEDULE CASE FOR TRIAL was
mailed, first class, postage prepaid to:
TD Ameritrade
Resident Agent: CSC-Lawyers Incorporating Service Company
7
St. Paul Street, Suite 1660
Baltimore, MD 21202
________________________________
Laurent J. La Brie
Chronology of My Case Against TD Ameritrade
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