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FELIX v. VANGUARD BROKERAGE SERVICES, 12-12400-PBS. (2013)

Court: District Court, D. Massachusetts Number: infdco20130710976 Visitors: 4
Filed: Jul. 09, 2013
Latest Update: Jul. 09, 2013
Summary: MEMORANDUM AND ORDER PATTI B. SARIS, Chief District Judge. Now before this Court is plaintiff Marc Felix's Motion to Amend Complaint (Docket No. 8). Plaintiff seeks to substitute Vanguard Marketing Corporation as the real party to this action, in light of the defendant's representation that Vanguard Brokerage Services is not a separate legal entity. 1 The motion was not opposed. See defendant's Response (Docket No. 9). Thereafter, on February 4, 2013, plaintiff filed an amended complaint n
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MEMORANDUM AND ORDER

PATTI B. SARIS, Chief District Judge.

Now before this Court is plaintiff Marc Felix's Motion to Amend Complaint (Docket No. 8). Plaintiff seeks to substitute Vanguard Marketing Corporation as the real party to this action, in light of the defendant's representation that Vanguard Brokerage Services is not a separate legal entity.1 The motion was not opposed. See defendant's Response (Docket No. 9).

Thereafter, on February 4, 2013, plaintiff filed an amended complaint naming Vanguard Marketing Corporation as the defendant (Docket No. 10). In brief, plaintiff alleges the defendant would not open an investment account for him and returned his $5,000.00 because he was a prisoner. As a result, he claims to have lost money that he would have made had he been able to invest in Avi Bio pharmaceutical stock.

On February 19, 2013, the defendant filed an Answer to the Amended Complaint (Docket No. 11), and on March 11, 2013, the defendant filed an Amended Answer (Docket No. 12).

In view of the posture of this case and the fact that plaintiff's motion is unopposed, this Court ALLOWS the Motion to Amend Complaint (Docket No. 8). Vanguard Marketing Corporation shall be the sole defendant in this action, and Vanguard Brokerage Services shall be terminated as a party.

The plaintiff's Motions for Appointment of Counsel are RESERVED pending further proceedings.

SO ORDERED.

FootNotes


1. On June 21, 2013, this action was randomly reassigned from Judge Wolf to the undersigned, because Judge Wolf had taken senior status.
Source:  Leagle

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