Opinion
Civil Action 1:20-cv-11047
03-03-2021
MATTHEW T. SHAFER, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, Plaintiff, v. MORGAN STANLEY, MORGAN STANLEY SMITH BARNEY LLC, MORGAN STANLEY COMPENSATION MANAGEMENT DEVELOPMENT AND SUCCESSION COMMITTEE, and John/Jane Does 1-20, Defendants.
Robert A. Izard (pro hac vice) Mark P. Kindall (pro hac vice) Douglas P. Needham IZARD, KINDALL & RAABE LLP Mathew P. Jasinski William H. Narwold MOTLEY RICE LLC David S. Siegel (pro hac vice) John S. “Jack” Edwards, Jr. (pro hac vice) Dona Szak (pro hac vice) AJAMIE LLP Thomas R. Ajamie AJAMIE LLP
CLASS ACTION
Robert A. Izard (pro hac vice)
Mark P. Kindall (pro hac vice)
Douglas P. Needham
IZARD, KINDALL & RAABE LLP
Mathew P. Jasinski
William H. Narwold
MOTLEY RICE LLC
David S. Siegel (pro hac vice)
John S. “Jack” Edwards, Jr. (pro hac vice)
Dona Szak (pro hac vice)
AJAMIE LLP
Thomas R. Ajamie
AJAMIE LLP
PLAINTIFF'S MOTION FOR JOINDER OF ADDITIONAL NAMED PLAINTIFFS AND PROPOSED CLASS REPRESENTATIVES
PLEASE TAKE NOTICE that Plaintiff Matthew T. Shafer will respectfully move this Court before the Honorable Paul G. Gardephe, at the United States Courthouse, 40 Foley Square, Courtroom 705, New York, New York 10007, at such time as counsel may be heard, to join as additional named plaintiffs and proposed class representatives (1) Sheri Haugabook, (2) Peter Heidt, (3) Randall Powers, (4) Jeffrey Shover, and (5) Mace Tamse, pursuant to Rule 20(a)(1) of the Federal Rules of Civil Procedure. The grounds supporting the Motion are set forth in the accompanying Memorandum of Law.
Defendants' counsel have informed the undersigned that Defendants do not plan to file an opposition to this Motion, provided that Plaintiff include the following statement:
In accordance with Section IV.C of the Court's Individual Rules of Practice, Plaintiff is therefore filing the Motion on ECF without awaiting a response.
Defendants oppose the addition of these plaintiffs through joinder without pleading allegations supporting their claims but, while reserving all arguments respecting the arbitrability, implausibility, and lack of merit of the plaintiffs' claims, do not oppose the addition of these individuals as plaintiffs through a properly pleaded amended complaint.
WHEREFORE, Plaintiff respectfully requests that the Court grant his Motion for Joinder of Additional Named Plaintiffs and Proposed Class Representatives.
MEMO ENDORSED