Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 3:02-cv-00188-JBA

Document 51

Filed 11/25/2003

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT ____________________________________ ) SUZANNE M. EGGLESTON and ) FREDERICK LOVEJOY, ) ) Plaintiffs, ) ) Civil Action No. 3:02CV188 (WWE) v. ) ) E*TRADE SECURITIES, INC., et al., ) ) Defendants. ) ____________________________________) DEFENDANTS' MOTION TO RECONSIDER AND/OR TO AMEND THE COURT'S RULING ON MOTION TO STAY AND TO COMPEL ARBITRATION Defendants, E*TRADE Securities, Inc., E*TRADE Group, Inc. (erroneously sued as E*TRADE, Inc.) and Stephen Tachiera (collectively, "E*TRADE") respectfully move this Court pursuant to Fed. R. Civ. P. 59(e) and Local Rule 9(e) to reconsider and/or to amend its "Ruling on Defendants Motion to Stay and to Compel Arbitration" entered November 18, 2003 (the "Decision"). As set forth more fully in the accompanying memorandum, E*TRADE does not ask the Court to reconsider the substance of its ruling though this Motion. Instead, E*TRADE respectfully asks the Court to reconsider only the procedural posture of the case to avoid any confusion concerning E*TRADE's appeal rights under the Federal Arbitration Act. Accordingly, E*TRADE moves the Court to reconsider or to amend its Decision either to: (i) hold in abeyance a ruling on E*TRADE's Motion to Stay and To Compel Arbitration pending a trial on the issue of contract formation; or (ii) to modify the Decision to hold that the ORAL ARGUMENT NOT REQUESTED
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Case 3:02-cv-00188-JBA

Document 51

Filed 11/25/2003

Page 2 of 3

denial of TRADE's Motion is without prejudice to renew at the close of evidence at trial. By doing so, unnecessary filings with the Court of Appeals are avoided and the Court can rule on E*TRADE's Motion following the trial on the issue of arbitrability. For these reasons, and as set forth in the accompanying memorandum of law, E*TRADE respectfully requests that the Court grant E*TRADE's Motion to Reconsider and/or to Amend Its Ruling on Motion to Stay and to Compel Arbitration. Dated: November 25, 2003 Respectfully submitted,

James A. Budinetz, Esquire Ct. Fed. Bar No.: ct16068 Pepe & Hazard LLP 225 Asylum Street Goodwin Square Hartford, CT 06103 e-mail: [email protected] Telephone: 860.241.2693 Facsimile: 860.522.2796 Attorneys for Defendants E*TRADE SECURITIES, INC., E*TRADE GROUP, INC. (erroneously sued as E*TRADE, INC.), and STEPHEN TACHIERA OF COUNSEL: Douglas P. Lobel ARNOLD & PORTER 1600 Tysons Boulevard, Suite 900 McLean, VA 22102 703.720.7035 (voice) 703.720.7399 (fax) [email protected]

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Case 3:02-cv-00188-JBA

Document 51

Filed 11/25/2003

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that I have, this 25th day of November 2003, served a copy of Defendants' Motion To Reconsider and/or to Amend the Court's Ruling On Motion To Stay And To Compel Arbitration by causing a copy of same to be delivered by United States mail, first class postage prepaid, to: Frederick A. Lovejoy, Esq. 276 Center Road P.O. Box 56 Easton, CT 06612 John F. X. Peloso, Esq. Robinson & Cole, LLP Financial Centre 695 East Main Street Stamford, CT 06904-2305

_____________________________ James A. Budinetz

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