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Sec. Investor Prot. Corp. v. TWS Fin., LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Aug 12, 2013
13-CV-3028 (RRM) (E.D.N.Y. Aug. 12, 2013)

Opinion

13-CV-3028 (RRM)

08-12-2013

SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff, v. TWS FINANCIAL, LLC, Defendant.


MEMORANDUM AND ORDER

ROSLYNN R. MAUSKOPF, United States District Judge.

Movants Mark Wesley, James Avola, and George Simon, appearing pro se, seek relief from an automatic stay, entered in this case on May 31, 2013, barring the "commencement or continuation . . . of a judicial, administrative or other proceeding against the Defendant," TWS Financial, LLC. (See Stay Order (Doc. No. 20) at 2.) From their papers, movants appear to be involved in an arbitration proceeding against TWS Financial and others, commenced before FINRA in or about December 2012. Movants allege that the stay order has prevented movants from obtaining necessary discovery in, and otherwise proceeding with, the FINRA proceeding.

Movants' request (Doc. No. 23) is made in the wrong court. This Court's order instituting the stay also provides that, "pursuant to 15 U.S.C. § 78eee(b)(4), this liquidation proceeding is removed to the United States Bankruptcy Court for the Eastern District of New York. (Stay Order at 5.) As such, the proper venue to request relief from the stay is the bankruptcy court. Indeed, movants themselves seem to acknowledge that the bankruptcy court is the proper venue for the relief they seek, as the caption on their motion, filed here, states, "IN THE UNITED STATES BANKRUPTCY COURT / EASTERN DISTRICT OF NEW YORK."

The matter is now pending in that court, under Case Number 1-13-01152-ess.

For these reasons, the Court denies movants' application. The Clerk of the Court is respectfully requested to mail a copy of this order to movants at the addresses listed below:

Mark Wesley

608 Circle Trace Rd.

Monroe, NC 28110

James Avola

6808 Rollingridge Dr.

Charlotte, NC 28211

George Simon

2299 NW 4th Ave.

Boca Raton, FL 33431

SO ORDERED. Dated: Brooklyn, New York

August12, 2013

_________________

ROSLYNN R. MAUSKOPF

United States District Judge


Summaries of

Sec. Investor Prot. Corp. v. TWS Fin., LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Aug 12, 2013
13-CV-3028 (RRM) (E.D.N.Y. Aug. 12, 2013)
Case details for

Sec. Investor Prot. Corp. v. TWS Fin., LLC

Case Details

Full title:SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff, v. TWS FINANCIAL…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Aug 12, 2013

Citations

13-CV-3028 (RRM) (E.D.N.Y. Aug. 12, 2013)